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(영문) 서울동부지방법원 2015.09.11 2014가단60737
부당이득금 반환
Text

1. Defendant C’s KRW 64,00,000 as well as 5% per annum from March 6, 2015 to September 11, 2015.

Reasons

Basic Facts

On December 19, 2006, Defendant C purchased 590 square meters (hereinafter “instant land”) prior to Gyeonggi-gun D on December 19, 2006, and completed the registration of ownership transfer on December 21, 2006.

On December 21, 2006, Defendant C obtained a loan from the National Agricultural Cooperative Federation (hereinafter “CF”), and completed the registration of creation of a mortgage over the land of this case to Nonghyup, the maximum debt amount of KRW 76.8 million, the debtor C, and the mortgagee of a mortgage.

On March 16, 2007, the Plaintiff promised between Defendant C and the Plaintiff to purchase the instant land from Defendant C in KRW 100 million, and completed the provisional registration on March 19, 2007 on the instant land.

On March 15, 2007, the Plaintiff transferred the purchase price of KRW 100 million to the account of Defendant C’s East E and Defendant B related to de facto marriage.

On April 29, 2013, the Plaintiff filed a lawsuit against Defendant C seeking the principal registration of the instant land based on the said purchase and sale reservation with the Suwon District Court Branch Decision 2013Kadan5802, and the said complaint was served on May 9, 2013 by the Defendant C. On January 8, 2014, the said court rendered a favorable judgment that “Defendant C shall implement the procedure for the registration of ownership transfer on the ground of the completion of the purchase and sale reservation as of May 9, 2013 on the instant land based on the said provisional registration.”

Defendant C appealed against the above judgment as Suwon District Court No. 2014Na5354, but, on November 7, 2014, received the judgment dismissing the appeal (hereinafter referred to as “the instant case”), which was rendered on November 7, 2014.

The Plaintiff, based on the judgment of the Inju case, completed the registration of ownership transfer on the instant land on February 23, 2015, and on March 6, 2015, the Plaintiff completed the registration of ownership transfer to the Nonghyup.

After discharging the above collateral security debt of KRW 65,565,807, the registration of cancellation is completed on the same day.

[Grounds for recognition] Gap 1-5 and 12 each of the statements and the purport of the whole pleadings.

According to the above facts of recognition as to the claim against Defendant C, unless there are special circumstances.

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