logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.04.06 2017가단117631
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, around May 2007, borrowed KRW 200 million from the Defendant while constructing a “D” pen in the forest land in the Gangseo-gu Seoul Special Metropolitan City (hereinafter “D”).

(hereinafter referred to as “debted loan of this case”). B.

On May 31, 2007, the Plaintiff completed the registration of creation of a mortgage over KRW 300 million with respect to forest E 11,901 square meters (hereinafter “instant land”) in Chungcheongnam-gu, Chungcheongnam-do (hereinafter “instant E”) with respect to the Defendant on May 31, 2007, the Plaintiff issued a promissory note bearing KRW 300 million with the issuer on the same day, the issuer and F (the Plaintiff’s opinion), and the face value at KRW 300 million, and a notary public drafted and issued a notarial deed (hereinafter “instant notarial deed”).

In addition, around June 2007, H, as the Plaintiff’s mother, drafted the above loan loan sales contract form in the name of H, J(H’s dynamics) and F, which is scheduled to be newly built with the above loan amount of KRW 200 million as the sale price, to secure the loan obligation of this case.

C. However, on September 18, 2007, the Plaintiff did not repay the loan debt of this case, the Defendant provisionally seized the Plaintiff’s 1/4 shares and F’s 4,562/36,496 shares among the Plaintiff’s 36,496 square meters of K forest and land in Chungcheongnam-si, Chungcheongnam-si, and the Plaintiff’s Cheongju-do-205 shares (hereinafter “instant K”). On September 20, 2007, the Plaintiff provisionally seized the claim for the refund of the sale price based on the above sales contract as the preserved right, and the Plaintiff’s claim for the refund of the sale price based on the above sales contract as the preserved right (hereinafter “instant apartment”) and the Plaintiff’s 1/2 shares among the Seongdong-gu Seoul N apartmentO No. 2007Kadan9291, Seoul Eastdong District Court’s 2007Kadan92911.

In addition, on September 12, 2007, the Defendant filed an application for a compulsory auction for the instant notarial deed with the title of execution with respect to the land other than 752m2 and 8 lots of land owned by the FJ in Pyeongtaek-gun Pag-gun, Seocheon-gun, Seocheon-gun, Qu-si, Q

(hereinafter “instant primary compulsory auction”). Meanwhile, on June 11, 2008, the Defendant is an apartment house of this case.

arrow