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(영문) 광주지방법원 2018.08.29 2017나63916
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary of the plaintiff's assertion

A. On May 21, 1998, the Defendant and the Co-Defendant C of the first instance trial jointly and severally guaranteed the loan obligation when they receive a loan of KRW 30,000,000 from the Ganyang Livestock Cooperative.

B. D established a collateral security right on each of the instant real estate and each of the instant real estate in order to secure the claim for the indemnity amount, and the Defendant and C agreed that D shall dispose of the said real estate and appropriate D to the indemnity amount, and receive the remainder if D did not pay the indemnity amount by June 30, 2000.

C. The Defendant and C sold the above land in KRW 17,50,000, the above land in KRW 22,560,000, the above land in KRW 21,660,00, the above G land in KRW 21,660,00, and the above H land in KRW 31,570,000, and KRW 93,290,000, respectively.

On the other hand, the defendant and C repaid each of the above loans to D to D livestock cooperatives with KRW 15 million, and the defendant paid KRW 30 million among D's obligations to D's agricultural cooperatives with KRW 65 million and KRW 30 million each.

E. Ultimately, the Defendant and C have settled the accounts of D’s debt amounting to KRW 90,00,000, which was repaid by selling each of the above lands in KRW 92,390,000, and other expenses. Therefore, the Defendant is obligated to implement the procedures for ownership transfer registration as to each of the instant real estate which was still owned and unduly unjust after settlement to the Plaintiff.

2. Determination

A. The facts of recognition 1) D received 10,000,000 won from the Changsung Agricultural Cooperative on March 20, 1997, and 30,000,000 won from the Seoyang Livestock Cooperative on May 21, 1998, respectively, and the defendant guaranteed D's respective obligations for loans. 2) The defendant submitted the grounds for registration that he purchased each of the instant real estate from D on June 25, 199, and submitted the documents that he purchased 18,50,000 won from D on June 25, 199.

7. 8. He will complete the registration of ownership transfer in his future.

3 The Defendant and C shall be from July 1, 1999, 1,000 m2, 1,656 m2, 932 m2 before F, G, 1,194 m2, 1,392 m2, 1,392 m2, and 1,000 m2 before H.

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