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Reasons
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(영문) 창원지방법원진주지원 2020.02.05 2019가합10531
부당이득반환청구등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From August 23, 2004 to December 31, 2007, the Plaintiff borrowed a total of KRW 393,000,000 from the Defendant as listed in the following table, and the Defendant completed the registration of the establishment of a neighboring land, etc. on the land, etc. owned by the Plaintiff as the debtor for the security of the above loan claim.

(1) The amount of a loan granted on March 18, 2005, the amount of a loan granted on August 23, 2004, and the amount of a loan granted on March 18, 2005, the amount of a loan granted on March 13, 2005, including the amount of a maximum debt granted on August 17, 200, and the amount of a loan granted on March 18, 2005; and

B. Meanwhile, from January 24, 2006 to July 3, 2007, D obtained loans from the Defendant in aggregate of KRW 190,000,000 as indicated in the following table. The Plaintiff jointly and severally guaranteed the loans. The Defendant completed the registration of the establishment of the neighboring land E, etc. owned by the Plaintiff as indicated in the following table:

(2) On September 29, 2006, 200, 200, 2000, 200 on September 29, 2006, 200, 200 on September 24, 2006, 200, 2000 on the loan date (the maximum debt amount) No. 10,000,000 on July 3, 2007, 20, 200, 300,000 on July 3, 200, 200 on July 3, 2007, 200, 130,000,000 on June 130, 2007;

C. The defendant is the plaintiff's above A.

subsection (b), D, above

On December 23, 2009, on the basis of each of the right to collateral security, an application for the voluntary auction of real estate (hereinafter “instant voluntary auction”) was filed with the Changcheon-si Branch of the Changwon District Court on the land, etc. owned by the Plaintiff for the auction of real estate (hereinafter “instant voluntary auction”). D.

The Defendant received dividends of KRW 261,690,160 from the voluntary auction of this case on December 26, 2011.

E. The Plaintiff against the Defendant regarding the real estate owned by the Plaintiff, such as the voluntary auction of this case.

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