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(영문) 춘천지방법원 2016.12.01 2016가단51982
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or are admitted in full view of Gap evidence 6, Gap evidence 7-1 to 4, Gap evidence 8, and Gap evidence 9, and the whole purport of the pleadings, and there is no counter-proof.

On September 3, 2013, the Plaintiff borrowed 150,000,000 won from the Defendant on May 6, 2013, by a notary public, pursuant to Article 833 of the deed of Chuncheon-dong Law Office, from the Defendant on September 6, 2013, and repaid on September 6, 2013, and the interest rate shall be 24% per annum, and when the Plaintiff fails to perform his/her monetary obligation, the Plaintiff prepared and executed a notarial deed of money loan agreement that recognizes that there is no objection even if he/she is immediately subject to compulsory execution (hereinafter “notarial deed 1”).

B. On September 10, 2013, the Plaintiff: (a) borrowed KRW 100,00,000 from the Defendant on August 10, 2013 by a notary public, as the document 857 of the Chuncheon-dong Law Office; (b) repaid on November 10, 2013; (c) the interest rate shall be 24% per annum; and (d) when the Plaintiff fails to perform his/her monetary obligation, the Plaintiff prepared and issued a notarial deed of a monetary loan agreement that recognizes and acknowledges that there is no objection thereto (hereinafter “notarial deed 2”).

C. On September 3, 2013, the Defendant filed a registration of the right to claim the transfer of ownership on September 3, 2013, with respect to the Plaintiff’s Hongcheon-gun, Hongcheon-gun, 417 square meters, D large 502 square meters, E miscellaneous land, 1791 square meters, and D-ground buildings, respectively.

On July 24, 2014, the Defendant applied for the commencement of compulsory auction on the above real estate, and the compulsory auction (hereinafter referred to as “instant auction”) was commenced on the same real estate and the 816m2 square meters in Hongcheon-gun G-gun G river in Chuncheon District Court F.

E. On February 1, 2016, the Defendant received dividends of KRW 237,738,558 as a creditor and a person holding a provisional registration for security by each of the instant deeds on the date of distribution of the instant auction.

2. Determination

A. The Plaintiff’s assertion requires the Defendant to lend money to Nonparty H upon Nonparty’s request.

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