(영문) 서울동부지방법원 2018.12.13 2017가단135236

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(영문) 서울동부지방법원 2018.12.13 2017가단135236

부당이득금

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4, Eul evidence 5 and all the arguments.

On January 30, 2013, the Plaintiff entered into a mortgage agreement with the Defendant and real estate indicated in the separate sheet, with the maximum debt amount of KRW 150,000,000, and with the Plaintiff and the mortgagee as the Defendant, and the same year.

1. 30. The registration of establishment of a mortgage was completed on the ground of the above contract to establish a mortgage.

(B) The right to collateral security set up as above (hereinafter “the instant right to collateral security”).

On March 3, 2017, the Suwon District Court rendered a voluntary decision to commence auction on the above real estate as the above support C, when the Defendant applied for an auction on the real estate listed in the attached list based on the instant collateral security.

C. On April 28, 2017, the Plaintiff deposited KRW 150,00,000 for the Defendant’s claim in the aforesaid Ansan-Support C voluntary Auction case and KRW 1,216,870 for the Defendant, a sum of KRW 151,216,216,870,870 for the Defendant.

In the Seoul High Court Decision 2016Reu23076, 2016Reu23083 (Counterclaim), and 2016Reu23090 (Joint), the conciliation was concluded on May 2, 2017 between the Defendant and D. The content is that the Defendant and D divorced, D pays consolation money of KRW 21,750,000 to the Defendant, D pays property division of KRW 550,000 to the Defendant, and D includes the property in the name of the Defendant and D as of May 2, 2017, which is determined to belong to each nominal person.

2. The assertion and judgment

A. The Plaintiff’s assertion merely agreed to repay KRW 50,000,000 from the Defendant on January 31, 2013 when borrowing KRW 44,50,000 from the Defendant, and did not borrow money from the Defendant. As such, the secured debt of the instant right to collateral security is only KRW 50,000,000.

However, the Defendant, based on the instant right to collateral security, filed a claim amount of KRW 150,000,000 with Suwon District Court C.

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