(영문) 광주지방법원 2018.06.01 2017가단15497

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(영문) 광주지방법원 2018.06.01 2017가단15497

지료

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 15, 2012, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) from D as to each of the lands listed in the separate sheet, and completed the ownership transfer registration (hereinafter “the ownership transfer registration of this case”) on July 25, 2012, based on the provisional registration of this case as to each of the above lands.

B. On June 28, 2013, the Defendant completed the registration of ownership transfer on each of the land listed in the separate sheet Nos. 1, 2, 5, 6, 8, and 9 (hereinafter “instant land”) (hereinafter “instant building”) based on donation.

[Reasons for Recognition] Each entry of Gap evidence 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant possessed the instant building without title on the ground of the instant land owned by the Plaintiff, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 84,841,312 as unjust enrichment equivalent to the rent from June 28, 2013, when the Defendant acquired ownership of the instant building, to June 16, 2017, from June 28, 2013, when the instant lawsuit was filed.

B. The Plaintiff completed the provisional registration of this case for the security of the Defendant D’s loan, and the value of each land listed in the separate sheet applies the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) in excess of the principal and interest of the loan. Since the Plaintiff did not undergo the liquidation procedure prescribed in the Provisional Registration Security Act, it did not acquire the ownership of the land of this case.

3. Determination

A. 1) On May 15, 2012, D agreed to obtain a loan of KRW 1 billion from the Plaintiff on July 15, 2012 with the due date set on July 15, 2012. D was paid KRW 840 million after deducting KRW 160 million from the interest rate on the same day. 2) D sells each of the lands listed in the attached Table to the Plaintiff for the purpose of securing the above loan obligations on the same day.

참조조문

-가등기담보 등에 관한 법률

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