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(영문) 서울중앙지방법원 2018.05.18 2017가단100022
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 4, 1997, the Long-term Credit Bank Co., Ltd. concluded a loan transaction agreement with A on February 10, 1998 and concluded a mortgage contract on KRW 50,000,00 with A, and it concluded a loan transaction agreement on KRW 50,00,00,00 with Sweak Paris, and the Gangwon-gun, Hongcheon-gun, and eight parcels owned by it (hereinafter “auction real estate”).

On February 5, 1997, the Korean Long-term Credit Bank Co., Ltd. concluded a loan transaction agreement with C on February 10, 1998, and lent 50,000,000 won to it, and signed a mortgage contract with Sweak Paris, Sweak, and auction real estate.

Pursuant to each of the above contract establishing a mortgage, the registration of creation of a mortgage (hereinafter referred to as the “mortgage”) was completed on February 5, 1997 by the Hongcheon District Court, Hongcheon Registry, 2608, the maximum debt amount of 63,000,000 won, the debtor C, and the Korea Long-Term Credit Bank, a stock company with the right to collateral security (hereinafter referred to as the “mortgage”), No. 2611, the receipt of the same day, the maximum debt amount of 63,000,000 won, the debtor A, and the Korea Long-Term Credit Bank, a stock company with the right to collateral security (hereinafter referred to as the “mortgage”).

After that, the mortgage last, ① was received on August 22, 2013 by the same registry office, ② No. 8587 of the same registry office, and ② No. 8587 of the same registry office on April 16, 2014, the additional registration of the transfer of the right to collateral security was completed, and the secured claim was also transferred.

B. On June 7, 1997, the registration of creation of a neighboring mortgage (hereinafter “mortgage”) comprised of the same registry office No. 9572, the maximum debt amount of KRW 250,000,000, the debtor D and the long-term credit bank, a stock company with the right to collateral security (hereinafter “mortgage”) was completed, and the said collateral security was finally completed as of January 22, 2014 by the registration office No. 1821, which received on January 22, 2014, and the secured debt was also transferred to the Plaintiff’s future.

C. Auction procedure E., which the Defendant filed with respect to the auction real estate, is the Chuncheon District Court.

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