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(영문) 서울남부지방법원 2017.01.12 2016가단25618
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that D’s reimbursement of KRW 29 million was made on behalf of C on behalf of C, and then D transferred the right to collateral security in the name of D with respect to the real estate owned by C. The Defendant, in collusion with C, induced D and completed the registration of collateral security in the name of C, thereby causing damage equivalent to KRW 35 million, which is the maximum debt amount of the said right.

Therefore, the defendant is liable for damages to the plaintiff.

2. If a third party’s act constitutes a tort as it infringes on a claim, it may be acknowledged that the third party knowingly committed an unlawful act, such as violating laws or regulations, or violating good morals and other social order, with knowledge of the fact that the third party’s act harms the creditor, thereby infringing on the creditor’s interest. In such a case, whether such an act is unlawful or not shall be determined specifically and individually by taking into account the content of the claim infringed, the mode of the infringement, the intent of the infringer, or the existence of year, etc., but the determination should be made by taking into account the need to guarantee the freedom of trade, public interest including economic

(2) According to the purport of Gap evidence 1, Gap evidence 2, Eul evidence 3-4, witness evidence and the whole testimony and arguments, Eul set up a right to collateral security (hereinafter "mortgage of this case") with respect to multi-household 401 (hereinafter "real estate of this case") on June 15, 2007, with respect to multi-household 401 (hereinafter "multi-household 401), which is owned by the Government of the Do government E-si loan of this case owned by C on June 15, 2007, set up a maximum debt amount of 35 million won, the debtor C, and the right to collateral security (hereinafter "mortgage of this case"), and the plaintiff lent 29 million won to Eul on June 5, 2008. D on behalf of Eul on June 5, 2008, delivered registration information and notice of registration completion to C on the above right to collateral security, but D on June 15, 2001.

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