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Reasons
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(영문) 서울중앙지방법원 2016.03.23 2015가단134885 (1)
부당이득금반환
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1. The Defendant deposited 26,524,168 won with the gold No. 1839 of the Incheon District Court in 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 21, 2012, Nonparty B took out a loan of KRW 50,00,000 from the E-In Savings Bank (hereinafter “E-In Savings Bank”), and offered as security the instant real estate No. 1623, 601 (hereinafter “instant real estate”). On November 23, 2012, Nonparty B registered the establishment of a mortgage over KRW 65 million with the creditor as E-In Savings Bank, the maximum debt amount of KRW 1623,00,000,000,000,000,000 as the creditor.

(B) The claims against the E-S Savings Bank are “mortgaged mortgage of this case” and the registration of the establishment of mortgage of this case is “mortgaged mortgage of this case” (hereinafter “mortgage”).

On the other hand, the instant real estate was registered prior to the instant collateral security, and thereafter, the establishment registration of the mortgage over KRW 100 million was completed on March 15, 2013.

C. On March 20, 2014, according to the application for voluntary auction by the National Bank, Co., Ltd., a senior mortgagee, the Incheon District Court (hereinafter “instant auction”), the decision of voluntary auction was rendered on March 20, 2014 regarding the instant real estate (hereinafter “instant auction”), and the NAK Savings Bank submitted a claim statement to the auction court on March 31, 2014.

On June 27, 2014, when the auction of the instant case was in progress, the Bank of Korea transferred the instant collateral security right to the non-party loan corporation (hereinafter referred to as “non-party loan”) and issued a supplementary registration with regard to the transfer of the right to collateral security on July 3, 2014.

E. Furthermore, on April 21, 2015, the Plaintiff and the Plaintiff sold to the Plaintiff a total of KRW 56 collateral claims, including the instant collateral security claims, in total of KRW 2.88 million. However, the Plaintiff paid the Plaintiff a down payment of KRW 288 million upon entering into a contract for the said loan, and paid the remainder KRW 2.592 billion on May 15, 2015.

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