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(영문) 대전지방법원천안지원 2016.11.16 2015가단108358
부당이득금반환 청구의 소
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 February 11, 2011, the Plaintiff is the Plaintiff’s land purchase, construction of a building, establishment of a security, and sale 1) the Plaintiff is the Plaintiff’s land “instant land” (hereinafter “instant land”).

(1) On March 18, 201, the Plaintiff purchased the instant land and completed the registration of ownership transfer on March 18, 201. The Plaintiff’s building on November 28, 201, which was on the ground of the instant land (hereinafter “the instant building”) is “the building before its destruction.”

() The instant building is a new building with a 16.685 square meters in the stairs room of the first floor of the single-story of the 5th floor of the 5th floor of the new steel-line container structure, a 121.805 square meters in each single-story of 2-4 floors, and 21.035 square meters in the 5th floor of the 5th floor (hereinafter “the 5th floor”).

(2) On March 25, 201, the Plaintiff created a collateral security right of KRW 156,000,000 with respect to the instant land and the building prior to the destruction of the building, while obtaining a loan of KRW 120,000 from the Credit Union of the Seoan Seoan National Credit Union (hereinafter “the Seoan National Credit Union”) on March 25, 201.

(1) On November 28, 201, the Plaintiff: (a) destroyed the instant building before its destruction; (b) subsequently added the instant new building to the object of the said right to collateral security; and (c) took out a loan of KRW 260,000,000 from the astronomical Round on November 28, 201, the Plaintiff created a collateral security (the maximum debt amount of KRW 182,00,000 for the instant land and new building) with respect to the instant land and new building.

On the same day, the Plaintiff repaid the total amount of KRW 120,070,816 out of KRW 260,000,000,00 as the loan principal and interest on March 25, 201.

3) On May 11, 2012, the Plaintiff sold the instant land and a new building to E and F in KRW 580,000,000. At the time of the said sale, E acquired each of the instant land and a newly constructed building contract from the Plaintiff. At the time of the said sale, E acquired each of the instant mortgage contract as set forth in paragraph (2) from the Plaintiff, and the secured obligation of each of the instant mortgage contract was also taken over.

B. The Plaintiff was the actual actor of each of the above legal acts.

The actual nature of each juristic act described in the subsection.

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