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(영문) 서울서부지방법원 2018.07.25 2016가단258318
부당이득반환 등
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2005, the registration of transfer of ownership was made in the name of the original and the defendant with respect to each share of 496/992 square meters in the area of 992 square meters, which was owned by Nonparty C, in the name of the original and the defendant.

B. Since then, the above land was divided, the name of the administrative district was changed, and the land category was 923 square meters, and F-road was 69 square meters. On September 27, 2007, the registration of preservation of ownership was made in the name of the original and Defendant for each 1/2 shares of the general steel structure on the ground of the above E-ground and the first class neighborhood living facilities of the first class neighborhood living facilities of the same 368 square meters.

(hereinafter) Each of the above lands is “each of the instant lands” and the above buildings are “the instant buildings.”

On November 29, 2005, the Defendant: (a) registered the creation of a neighboring mortgage with the maximum debt amount of KRW 294,000,000 against each of the instant lands and buildings against the debtor; (b) on March 3, 2008, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 377,00,000 to the said G association; (c) on April 13, 2011, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 650,00,000 to the Nonparty H association; and (d) on May 7, 2013, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 600,00,000 to Nonparty I.

On May 7, 2013, the above I deposited a loan of KRW 500,000,000 to the Defendant account.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) Plaintiff’s assertion and the Defendant purchased each of the instant lands together with 1/2 shares, and the instant building was located on the ground. However, the Defendant agreed to cover the amount the Defendant received from C and the construction cost of the building with future rent income.

The Plaintiff provided that the Plaintiff would pay part of the money received from the Plaintiff, if the Defendant intended to lend money to C as security, so that the Defendant may lend money to C with each of the instant land and buildings. The Plaintiff believed and responded to the Defendant attending the church, and later, was aware of the fact, and the Defendant was finally 50,000.

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