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(영문) 서울중앙지방법원 2015.03.19 2013가합17235
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 740,008,419 to the Plaintiff (Counterclaim Defendant) and its related amount from December 16, 2014 to March 19, 2015.

Reasons

1. Basic facts

A. The plaintiff is the husband of C who is the defendant.

B. On July 1, 2005, the Defendant concluded a sales contract with D to purchase the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “former building”). The contract deposit amount of KRW 200 million on the date of the contract, the intermediate payment of KRW 600 million on August 16, 2005, and the remainder of KRW 1460 million on September 5, 2005, respectively.

(hereinafter referred to as “instant sales contract”). C.

On August 19, 2005, the Defendant paid to D the down payment of KRW 200 million on the day of the contract, and on August 19, 2005, the sum of the intermediate payment and the remainder amount of KRW 2 billion, respectively. On the date of payment of the intermediate payment and the remainder, the Defendant completed the registration of transfer of each share in the future of the Defendant with respect to each share of KRW 1/5 of the instant land and the previous building.

(D) The Plaintiff’s share in the instant land (hereinafter “instant Plaintiff’s share”).

After removing the old building on August 2005, the Defendant constructed a new building listed in the attached Table No. 3 (hereinafter “new building”) on the instant land, and completed registration of ownership preservation on February 22, 2006.

E. On May 25, 2012, the Defendant and the Defendant’s mother-friendly E obtained loans of KRW 3.46 billion from the KCA of the Korea Saemaul Bank. Upon the Defendant’s request, the Plaintiff and the Defendant completed the registration of creation of mortgage over the maximum debt amount of KRW 498 billion in the future of the KCA of the Korea Saemaul Bank on May 30, 2012 regarding the whole land and new buildings of this case on May 30, 2012.

(B) On November 19, 2013, the Defendant filed for a voluntary auction on the instant land and new buildings based on the instant collateral security, with the Seoul Central District Court F, on which the auction procedure was commenced on November 19, 2013.

(hereinafter “instant auction”). Around that time, the instant collateral security is a stock company, G, or Korea Mortgage Exchange due to the transfer of finalized claim.

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