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(영문) 창원지방법원 2015.09.22 2014가단78235
부당이득금반환 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 5:

Plaintiff’s claim for indemnity against E, 190, around May 4, 1990, and the same year

6.29.Rabs and 29.

9. Around 15.15. Around three occasions, F Co., Ltd. (hereinafter “F”) obtained a loan from Korea Technology Finance Co., Ltd. (hereinafter “F”), the credit guarantee was provided for the loan obligation, and E jointly and severally guaranteed the F’s indemnity obligation against the Plaintiff.

2) On May 9, 1991, when a credit guarantee accident occurred with a natural body of F, the Plaintiff paid 1,543,669,580 won to the Korea Technology Finance Co., Ltd. on November 20, 191, and received a favorable judgment by filing a lawsuit for the claim for indemnity against E as the Jinwon District Court's Jinju Branch 97Kadan1002. For the interruption of extinctive prescription of the above claim for indemnity, the Plaintiff filed a lawsuit for indemnity amount claim under the Jin original District Court's Jinju branch 2007da8804, Nov. 6, 2007, and on November 2007, E received a favorable judgment against the Plaintiff on November 1, 2007, "E is 1,849,410,317 won and 1,159,307,28 won among them, and 1,159,307,288 won."

B. Each real estate listed in the separate list E owned by G (hereinafter “instant real estate”) in the name of G is determined as is.

On August 13, 1990, the establishment registration of a neighboring mortgage under the name of the debtor H and the maximum debt amount of 100 million won (hereinafter “the establishment registration of a neighboring mortgage of this case”).

The registration of the establishment of a new mortgage was completed on January 10, 2002 and was transferred to G on January 18, 2002 on the ground of transfer on January 10, 2002.

C. The Plaintiff, who paid dividends, filed an application for a compulsory auction of real estate in the instant real estate owned by E with the Changwon District Court J for the J of the J of the Changwon District Court as to the instant real estate owned by E with the title of execution, and G in the auction procedure conducted accordingly.

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