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(영문) 서울중앙지방법원 2013.11.29 2013가합12568
부당이득금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts of recognition (1) Defendant B and C are co-owners of each 1/2 shares of the Seocho-gu Seoul Metropolitan Government G Dae-gu and its ground buildings (hereinafter “instant real estate”). Defendant D is the internal director who is the representative of H Co., Ltd., and Defendant E and F were the employees of H Co., Ltd.

(2) From November 201, 201, Defendant B and C attempted to sell the instant real estate. At the time, the instant real estate was registered as joint collateral of the instant real estate and the Seoul Jongno-gu Seoul Building owned by Defendant B, with the maximum debt amount of KRW 3,068,00,00,000, the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), the debtor’s establishment registration of a mortgage on the part of Defendant B, the establishment of a mortgage on the second priority of the maximum debt amount of KRW 910,00,00, the national bank of the mortgagee, the debtor, and the debtor B and C, the establishment registration of a mortgage on the part of the mortgagee, the third priority of the maximum debt amount of KRW 2,90,00,00,000, the national bank of the mortgagee, the national bank of the mortgagee, the debtor, and the debtor B and C, respectively.

At the time of early November 201, 201, Defendant B asked K of the J branch of the National Bank of Korea as to whether it was impossible to cancel the registration of the establishment of the establishment of each of the instant collateral in order to sell the instant real estate to K. Accordingly, K promised to cancel the registration of the establishment of each of the instant collateral inasmuch as the amount of KRW 3,500,000 out of the aggregate amount of KRW 5,360,000,000, which is the actual secured debt of each of the instant collateral security interests, is sufficiently secured with the purchase price of the instant real estate, the remainder of the secured debt is sufficiently secured only by the Seoul Jongno-gu Seoul Metropolitan Government I land and its ground buildings.

(3) On February 24, 2012, the Plaintiff purchased the instant real estate in KRW 4,950,000,000 between Defendant F and Defendant F, as an intermediary introduced through Defendant E, and the down payment of KRW 200,000,000 on the date of the contract, remainder 4,750,000,000 on June 29, 2012.

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