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(영문) 전주지방법원 2018.11.29 2016나8995
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

In fact, on July 22, 2011, the Defendant entered into a credit transaction agreement with C to lend KRW 130,000,000 (hereinafter “the first loan”) by setting the extension period as July 6, 201, setting the extension period of KRW 130,000 (hereinafter “the extension period”).

At the time of entering into a loan agreement with C, the Defendant concluded a mortgage agreement (hereinafter “mortgage agreement of this case”) with the debtor as to each real estate listed in the separate sheet owned C (hereinafter “instant real estate”) on July 22, 201, with regard to the registration of creation of mortgage (hereinafter “mortgage”) with regard to each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

On July 20, 2012, the Defendant entered into a contract for the modification of the collective security agreement (hereinafter “instant contract for the modification of collective security agreement”) with C, which changes the scope of the secured obligation of the instant collective security to the “limited collateral security” in accordance with the guidelines for reduction of the scope of the secured obligation and the comprehensive settlement of claims against the Defendant.

The above modified contract only contains C’s “the scope of the secured obligation after the modification” as “the limited collateral”, and does not state any kind of transaction as to how to guarantee the present and future obligations.

On September 5, 2013, the Defendant entered into a credit transaction agreement with C to lend KRW 100,000,000 (hereinafter “second loan”) on September 5, 2014, setting the credit extension limit amount as KRW 100,000,00 (hereinafter “second loan”).

After purchasing the instant real estate from C, the Plaintiff completed the registration of ownership transfer on October 27, 2014.

The defendant, on March 9, 2015, shall proceed with the auction procedure of this case.

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