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(영문) 수원지방법원 2014.08.19 2013가단69282
부당이득금
Text

1. The Plaintiff’s individual rehabilitation claims against Defendant B: 10,538,880 won and the Plaintiff’s individual rehabilitation claims therefor from July 10, 2013 to February 19, 2014.

Reasons

1. The Defendants, without dispute, leased the instant apartment in the name of the wife E on July 28, 201, with the lease deposit of KRW 170 million in the name of the wife E, as the co-owner of the D apartment 102, Dong 102 (hereinafter “instant apartment”).

Prior to the above lease agreement, the registration of creation of a neighboring apartment, the maximum debt amount of April 6, 2009 KRW 410,400,000,000 of the National Agricultural Cooperative Federation, was completed on April 6, 2009 by Defendant B.

The purchase price of KRW 425 million and the down payment of KRW 1700 million were replaced with the lease deposit, the remainder of KRW 255 million was paid on May 31, 2013, and the Plaintiff, who acquired the said real loan from the Defendants, agreed to purchase the instant apartment on May 29, 2013 (hereinafter “instant sales contract”).

On May 30, 2013, the Plaintiff fully repaid the secured debt of the right to collateral security at the NAF AFF branch. The amount was KRW 276,077,767.

On the other hand, Defendant B was decided to commence the rehabilitation procedure on February 20, 2014 with creditors, etc. in the case of individual rehabilitation at 2013 Macheon District Court 2013da9138, which was pending in the instant lawsuit.

2. The Plaintiff’s assertion by the Plaintiff is the amount of the secured debt of the above right to collateral security, which the Plaintiff agreed to accept and pay on behalf of the Defendant B in lieu of the payment of the remainder at the time of the instant sales contract, is KRW 25 million as the remainder under the sales contract of this case. The Plaintiff, without any obligation, discharged the Defendants’ obligation against the Defendant C by paying in excess of KRW 21,077,767, and thereby, exempted the Defendants from the water guarantee liability. As such, the Defendants are liable to pay either KRW 10,538,880 as unjust enrichment, and delay damages therefor.

As to this, the Defendants stated the balance under the instant sales contract for convenience, such as tax affairs, and the meaning of the Plaintiff’s agreement to take over the actual loan of the said right to collateral security is “the entire amount of the actual loan.”

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