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(영문) 서울중앙지방법원 2015.11.18 2014가단210188
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. With respect to the Plaintiff’s right to collateral security under the Plaintiff’s name, the Plaintiff, a fraudulent act, filed a registration of creation of collateral security (hereinafter “registration of collateral security”) with the 30 million won maximum debt amount (hereinafter “registration of creation of collateral security”) with the Pyeongtaek-gun, Pyeongtaek-gun, Gangwon-do (hereinafter “the instant real estate”) and with respect to the establishment of collateral security (hereinafter “registration of maximum debt amount”) with the same registry office No. 1446, Feb. 3, 1999 as of February 3, 199, the Plaintiff completed the registration of creation of collateral security worth KRW 20 million with the maximum debt amount as of February 3, 1999.

B. The Defendant and B entered into a credit guarantee agreement with the Defendant on May 10, 2004 and the credit guarantee agreement issued on June 2, 2004, and the credit guarantee agreement issued on June 2, 2004, but did not fully pay the funds from the financial institution. Accordingly, the Defendant on August 28, 2008, paid the funds from the financial institution on behalf of the Defendant on October 30, 208, and the amount of KRW 2,84,918 on October 30, 2008, respectively. 2) The Defendant applied for a payment order seeking reimbursement against B, and the payment order was fully finalized.

① The original branch of the Chuncheon District Court 2008 tea 2592, October 1, 2008, and ② the court 2009 tea 1381, June 4, 2009.

Plaintiff

1) On October 4, 2012, the Defendant filed a lawsuit claiming the cancellation of the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) against the Plaintiff on the ground that the secured claim in the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) was already extinguished by prescription.

(2) On February 13, 2013, the previous lawsuit was initiated by public notice, and on February 13, 2013, the judgment rendered that “the Plaintiff shall perform the procedure for cancelling the registration of the establishment of the right to collateral security” (Seoul District Court Youngcheon District Court Young Branch 2012Kadan5303), and the said judgment became final and conclusive around that time, and the Defendant’s application based on the said final judgment was revoked on May 8, 2013.

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