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(영문) 서울동부지방법원 2020.06.12 2019나27750
부당이득금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. On November 11, 1999, the Defendant purchased and sold land between the Defendant and F, etc. (hereinafter “instant land”) with the name of Seongbuk-gu Seoul Special Metropolitan City D Forest land No. 1290 square meters (hereinafter “instant land”) in the voluntary auction procedure.

(E) On November 16, 1999, after receiving a successful tender, completed the registration of ownership transfer in the name of E with respect to the above land, F on November 27, 200 and G (hereinafter referred to as “F, etc.”)

The sales contract (hereinafter referred to as "the sales contract of this case") with respect to the above land between the Corporation and the Corporation as follows:

A) The sales amount was concluded. The payment method of KRW 900 million: the down payment method: KRW 30 million is paid on November 17, 2000; the first intermediate payment of KRW 13 million is paid on November 27, 2000; and the second intermediate payment of KRW 30 million is paid on the debt that the Defendant borrowed from H association as security, taken over by F, etc., and the interest accrued from November 27, 2000 is paid (in the name of the debtor within 10 days, the name of F, etc. is changed and at the same time the Defendant’s joint security and personal security is responsible and terminated.

(2) On November 27, 2000, F, etc. issued two copies of promissory note with the face value of KRW 100 million and delivered them to the Defendant on August 26, 2001 (hereinafter “each promissory note of this case”). On December 2, 2000, F, etc. issued two copies of each promissory note of this case with the face value of KRW 13 million and delivered them to F, etc., upon receipt of the first intermediate payment of KRW 13 million from F, etc., and upon receipt of the registration of ownership transfer with respect to the land of this case from the Defendant, F, etc., completed the registration of ownership transfer with respect to each of the shares of KRW 1/2,00,000,000,000,000,000 for the remainder of this case, and on December 2, 200, the Defendant established a collateral security right with respect to the debtor F, etc. and the maximum debt amount of the remainder of this case as the collateral to the Defendant.

3 The defendant shall make an objection to I on July 26, 2001.

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