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(영문) 수원지방법원 2017.08.29 2016가단28510
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2009, the Plaintiff, Defendant, Nonparty C, D, E, and not less than F, were awarded a joint bid for the entire four lots of land G, H, I, and J (hereinafter “instant land”) in the joint bid at a voluntary auction, and acquired ownership by completing the registration of transfer of ownership with the receipt number of Sungwon-nam Branch of Sung-nam Branch of Seoul District Court No. 66038.

At the time, Plaintiff 1240/7566, Defendant 2817/7566, C 886/7566, D132/7566, E 641/7566, and F 660/75666.

B. On the same day as mentioned in the preceding paragraph, a contract to establish a collateral security with the debtor and the mortgagee of the collateral security as the joint collateral was concluded, and the registration of the establishment of a collateral on the same date was completed on the ground that the contract was concluded for the aforementioned real estate.

The Defendant was given a loan of KRW 320,000,000 to the obligor through the creation of the right to collateral security.

(hereinafter referred to as “the primary loan of this case.” The money seems to have been used as the successful bid price for the land of this case.

On September 30, 2010, 558,000 won, the maximum debt amount was 558,000,000 won, and the debtor, the debtor, the National Agricultural Cooperative Federation, as the defendant, was the National Agricultural Cooperative Federation, and the mortgage establishment registration was completed on the same date with regard to the above real estate.

The Defendant, through the creation of the right to collateral security (hereinafter “instant secondary loan”), was given loans of KRW 465,00,000 from the National Agricultural Cooperative Federation (hereinafter “the instant secondary loan”). Some of the loans was appropriated for the repayment of the instant primary loan.

The registration of the establishment of a neighboring port was cancelled.

D. Of the instant land on April 5, 2011, Gwangju City was divided into H, K, and L (hereinafter referred to as “each land”) from the instant land, Gwangju City was divided into H, K, and L, and I were divided into I and M, N,O, P, and Q, and J and R, on March 30, 2012.

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