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(영문) 서울남부지방법원 2017.04.21 2016가합112908
부당이득금
Text

1. The Defendant’s KRW 2,464,938,960 for the Plaintiff and KRW 5% per annum from February 4, 2014 to April 21, 2017.

Reasons

1. Basic facts

A. On March 14, 2007, the Plaintiff sold KRW 2,738,831,060 of the Yeonsu-gu Incheon Metropolitan City (hereinafter “instant land”) to the Defendant for KRW 10-77 large 6,635.4 square meters. However, in the event that the Defendant offered security or sells the instant land to a third party for purposes other than the originally determined business, the Plaintiff entered into a repurchase agreement with the Defendant to repurchase the instant land.

B. After the Plaintiff received full payment from the Defendant, on June 13, 2007, the Plaintiff completed the registration of ownership transfer with respect to the instant land to the Defendant. On the same day, the Plaintiff completed the registration of ownership transfer with respect to the instant land, and completed the additional registration with respect to the repurchase agreement with the Plaintiff, the repurchase right holder, the redemption price of KRW 2,464,938,960, and the repurchase period from March 14, 2007 to March 14, 2012.

C. On June 13, 2007, in order to secure a loan of KRW 2.465 billion from the Industrial Bank of Korea, the Defendant created to the Industrial Bank of Korea the maximum debt amount of the instant land, the Industrial Bank of Korea of the mortgagee, the debtor, and the right to collateral security (hereinafter “the right to collateral security”) with respect to the instant land. In addition, when the Plaintiff exercises the right to collateral, the Defendant created the right to collateral security (hereinafter “the right to collateral security”) with respect to the claim for the redemption money against the Plaintiff, which would have been acquired by the Defendant, under the Plaintiff’s consent.

On March 8, 2012, when exercising a redemptive right against the Defendant on the instant land, the Plaintiff requested the Industrial Bank of Korea, a neighboring pledgee, to receive the redemption price therefrom. On March 30, 2012, the Plaintiff paid the Defendant a redemption price of KRW 2,464,938,960 (hereinafter “the instant money”). On April 10, 2013, the Industrial Bank of Korea cancelled the registration of creation of a neighboring mortgage on the instant land.

E. On March 9, 2012, the Plaintiff filed a claim against the Defendant for ownership transfer registration on the instant land with the Incheon District Court (hereinafter “instant lawsuit for ownership transfer registration”).

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