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(영문) 인천지방법원 부천지원 2021.03.12 2020가합102302
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 25, 2010, the Plaintiff obtained a loan of KRW 240,000,000 from the Defendant Partnership, and on the same day, the Plaintiff owned “ Gohap-do Kimpo-si, G, E, and F land prior to Gohap-si, G, E, and F land.” On July 19, 2010, the said E and F land were merged.

(B) The court below completed the registration of establishment of the right to collateral security by setting the maximum amount of the claim amount of KRW 312,00,000 with respect to the land in this case, and the debtor as the plaintiff and the mortgagee as the defendant B association.

On July 23, 2010, the Plaintiff paid KRW 78,599,630,000 from Defendant B’s partnership, which deducted stamp, credit purchase amount from the loan, etc., to the Plaintiff’s account.

B. On the same day, upon the Plaintiff’s loan, the maximum amount of the claim was KRW 104,00,000 for the instant land; the debtor was the Plaintiff and the mortgagee as the Defendant Partnership, and completed the registration of the establishment of the right to collateral security (hereinafter collectively referred to as the “instant loan”); (b) the instant loan was “the instant collateral security” and “the instant land was collectively referred to as the said collateral security right”; (c) upon the application of the Defendant B Union, the auction procedure was commenced as the Busan District Court Branch G on November 26, 2012 with regard to the instant land.

(c)

Defendant B transferred the instant loan claim to Defendant C on March 29, 2013, and completed the registration of the transfer of the instant collateral on April 18, 2013 on the instant land due to the transfer of final claim.

(d)

H On May 2, 2013, purchased KRW 1,323 square meters from the Plaintiff in the instant land in KRW 500,000,000, and entered into a contract with H to the effect that H bears interest on the instant loan after the ownership transfer registration. On May 9, 2013, H completed the registration of ownership transfer on the instant land.

H repaid to Defendant C Company KRW 5,00,000 out of the principal and interest of the instant loan, on May 3, 2013.

E. On July 11, 2013, I entered into a contract with H to acquire the instant land from H for KRW 586,00,000, and to succeed to the instant loan obligation, and on July 23, 2013.

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