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Reasons
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(영문) 서울중앙지방법원 2015.12.08 2015가합551227
부당이득금
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. D and Plaintiff A entered into an agreement on July 25, 2007 with the purchase of a 116 square meters and a G 102 square meters (hereinafter “H land”) in Gangdong-gu Seoul Metropolitan Government, which was in progress by E and E, to make an investment in the new construction of a tenement house (hereinafter “I project”).

B. D borrowed the amount of KRW 10 million from the Defendant as of July 24, 2007, KRW 2.5% per month, and KRW 120 million on August 3, 2007, and KRW 100 million on August 3, 2007, and KRW 2.5% of the interest rate per month, and KRW 303 of the payment period as of February 2008, respectively. D concluded a collateral security agreement with the obligor as of KRW 2.76 million, and completed the registration of the establishment of the mortgage.

Since then, D entered into a mortgage agreement with the Defendant on August 3, 2007, with a maximum claim amount of KRW 60 million, KRW 50 million, the interest rate of KRW 25% per month, and the due date of repayment on November 3, 2007 to secure it, on August 3, 2007, which is owned by the Defendant and D, on behalf of the Defendant and D, with respect to KRW 205 of the Mapo-gu Seoul (hereinafter “L Housing”) on behalf of the Defendant and D, and entered into a mortgage agreement with the debtor, and completed the registration of the establishment of a neighboring mortgage.

D, Plaintiff A and E have purchased H land, completed the registration of ownership transfer in the name of E for F land, and in the name of D for G land.

(E) On September 12, 2007, with respect to the first half portion of the F land, the ownership transfer registration was made in the name of E with respect to the first half portion of the G land. D and E decided to set up a collateral security right with the Defendant as the collateral security right to secure the debt borrowed from the Defendant with the funds necessary for the I project. Accordingly, on September 12, 2007, the establishment registration of the collateral security right was completed under the name of the Defendant, namely, the maximum debt amount of H land amounting to KRW 480 million, the debtor D and E.

After that, D and the defendant are set up in a limited house.

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