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(영문) 부산지방법원동부지원 2014.04.25 2012가합4090
부당이득금반환
Text

1. The Defendants stated in the “amount returned” column in attached Table 1 to the Plaintiff and each of them.

Reasons

1. Basic facts

A. H Co., Ltd., Ltd., the establishment of the right to collateral security (hereinafter “H”) of agricultural cooperatives, Inc., is a company running the business of gambling from September 23, 2004 to the factory site and each of its ground buildings located in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun (hereinafter “instant real estate”).

On January 15, 1995, the National Agricultural Cooperative Federation (hereinafter referred to as the “Agricultural Cooperative Federation”) extended loans to J, a telegraph of H, and set up a collateral of KRW 1.5 billion with respect to the instant real estate.

B. On August 24, 2006, K entered into a promise to sell and purchase the instant real estate with H, and completed the registration of ownership transfer claim on the 25th of the same month. Based on the above provisional registration of ownership transfer claim, K completed the principal registration of ownership transfer on July 20, 2007, based on the registration of ownership transfer claim.

And on July 23, 2007, K completed the registration of ownership transfer on L Co., Ltd. (K's corporation established on July 19, 2007).

C. On March 5, 2007, the Plaintiff: (a) lent KRW 78 million to H at an annual interest rate of 5%; and (b) completed a sales contract with regard to the machines and instruments indicated in the [Attachment List of Machines and Instruments,” which were installed in H and the instant real estate for securing the above loan repayment claim (hereinafter “the instant machines and instruments”) with a sales price of KRW 78 million; and (c) received notarized by the method of occupancy revision.

On July 16, 2008, L acquired the ownership of the instant real estate by the Defendants and M with respect to the instant real estate, set up a collateral security (hereinafter “instant collateral security”) with respect to the debtor, K, N, and the maximum debt amount set at a certain ratio of each loan, with respect to the instant real estate, with respect to which the Defendants and M have obtained the ownership of the said real estate (hereinafter “instant collateral security”). Pursuant to Article 7 of the Factory Mortgage Act, machinery and equipment in a factory became the subject matter of the collateral security), and repaid various obligations by lending approximately KRW 2.4 billion

In the process, loans to agricultural cooperatives shall also be repaid in the course of this process.

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