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(영문) 수원지방법원성남지원 2015.12.02 2014가합2583
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On April 2009, the Plaintiff and the Defendant: (a) around April 2009, the Plaintiff and the Defendant agreed to obtain a loan of KRW 20 million from the Hanam Credit Cooperative (hereinafter “Hanam Credit Union”) in the name of C, instead of whether it was before or after the merger; (b) around November 28, 201, the Plaintiff obtained a loan of KRW 20 million from the Hanam Credit Union (hereinafter “Hanam Credit Union”); and accordingly, on April 28, 2009, the Plaintiff divided the loan of KRW 952 square meters (hereinafter “the instant land”) in the form of Gyeonggi-gun, Gyeonggi-gun (hereinafter “the instant land”), the maximum debt amount of KRW 26 million with respect to the said loan; and (c) the registration of the establishment of the establishment of the establishment of a neighboring land to C with the obligor, and C divided the loan of KRW 20 million from the Hanam Credit Union on April 29, 2009 and the Plaintiff and C used each million.

(2) In addition to the above paragraph (1), in order to secure the details of loans that the Defendant used as the name of the loan holder and the respective debts of the above loans, the collateral security established by the Plaintiff on the land of this case was fully repaid with respect to loans of 1 to 4 out of the table 1.

In Table 1, C, the receipt number of the loan from the loan date to the loan holder, the maximum debt amount for registration, C, C, 1 C, 26 million won on April 29, 2009, and C, Defendant 2, August 13, 2009, which signed a contract No. 32908 on August 12, 2009, and KRW 18 million on August 12, 2009, Defendant 3, Defendant 4,599 on February 5, 2010, KRW 52 million on February 5, 2010, and KRW 42 million on March 31, 201, KRW 158,00,000 on March 88, 2011, Defendant 1,3,000 won on March 1, 200,000 won, shall be deemed as Defendant 1,380,000 won on March 1, 2011.

On August 1, 2011, the revised contract No. 33684, No. 33684, changed the maximum debt amount of the right to collateral security to 185.9 million won.

Defendant 185.9 million won

B. Since the Republic of Korea did not repay the debt of the instant loan, it filed an application for voluntary auction of the instant land with the Suwon District Court in August 2013, and accordingly, on September 3, 2013.

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