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(영문) 인천지방법원 2020.10.13 2019가단23670
부당이득금반환
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 25, 2014, the Plaintiff entered into a loan agreement and the establishment of a right to collateral security between the Plaintiff and the Defendants (hereinafter “Defendant B”) with Defendant B (hereinafter “Defendant B”)

) From 508,200,000 won was loaned on July 25, 2017 with interest rate of 5.7% per annum, and on the same day, the Plaintiff and wife-sharing (Plaintiff 999/100, E 1/1000, 1/1000) of the Incheon Yeonsu-gu Incheon Free Trade (hereinafter referred to as “F Building G”) in order to secure the above loan claims.

) The Plaintiff and E-ownership (Plaintiff 1/1000, E 99/1000) H of F 3rd M (hereinafter “F building H”)

(2) On July 25, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage at KRW 609,840,000 for the debtor, the mortgagee B, and the maximum debt amount. (2) On July 25, 2014, the Plaintiff borrowed KRW 438,40,000 from the Defendant C Cooperatives at KRW 5.7% a due date, set at July 25, 2017, with interest rate of KRW 5.7%. On the same day, the Plaintiff and E-ownership (hereinafter “F building I”) of the Plaintiff and E-ownership (hereinafter “Plaintiff 99,100, E1/100) and the third third floor Jho (hereinafter “F building Jho”) with respect to the registration of the establishment of a mortgage at KRW 3rd floor of the Plaintiff, the mortgagee, the mortgagee, the Defendant C, the maximum debt amount of KRW 526,000,000.

3) On July 25, 2014, the Plaintiff loaned KRW 443,00,000 from Defendant D Association at the maturity of KRW 5.7% per annum on July 25, 2017, and on the same day, the Plaintiff and wife E-sharing (Plaintiff 1/1000, E 99/100) to secure the above loan claims (hereinafter “F building K”).

The F building L) and the third floor L (hereinafter referred to as “F building L”) together with the F building I to K, L, and H offered as security to the Defendants, “each of the instant real estates”

(B) On December 2, 2015, the Plaintiff filed an application for rehabilitation with the Seoul Central District Court No. 2015dan10270, Dec. 8, 2015, and filed for individual compulsory execution on December 8, 2015.

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