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(영문) 수원지방법원 2020.04.16 2019나63461
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. (1) On December 2012, C borrowed KRW 80 million from the Defendant, which was in a relationship with the Plaintiff (born in 1962, females) and offered the Defendant as a security, and thereafter, provided that, “I shall pay back and recover money that is not a good by a spectator” from the Defendant.

(2) Meanwhile, on January 9, 2013, C intended to sell a 3,469 square meters of D forest land (hereinafter “instant land”) owned by the Plaintiff and received a certificate of the personal seal impression and a certificate of the personal seal impression from the Plaintiff. On January 10, 2013, C used the Plaintiff’s certificate of the personal seal impression and a certificate of the personal seal impression issued to the Defendant to offer the instant land as security for the aforementioned loan obligation against the Defendant, thereby forging the Plaintiff’s proxy of the establishment of the right to use the Plaintiff’s personal seal impression and certificate of the personal seal impression received as above, and delivered it to the Defendant.

(3) On January 7, 2013, in the Plaintiff’s name, C prepared a loan certificate (the rent shall be KRW 80 million, the due date shall be KRW 30 million, the interest shall be 4% per month, the establishment of the right to collateral security, the application for voluntary auction at the expiration of 150 days after the loan, and the loan certificate (hereinafter “the loan certificate of this case”) on the real estate in this case as collateral, and issued it to the Defendant. On January 11, 2013, C entrusted E certified judicial scrivener with the registration of the establishment of the right to collateral security with respect to the land of this case, the Defendant delegated the registration of the establishment of the right to collateral security with respect to the Plaintiff, the obligee, and the maximum debt amount of KRW 100 million (hereinafter “the right to collateral security of this case”).

(4) On May 15, 2013, the Plaintiff or C did not repay the above borrowed money, and the Defendant sent a certificate of the content of demanding the repayment of the borrowed money to the Plaintiff (However, the Plaintiff did not respond thereto). On June 18, 2013, the Defendant filed an application for voluntary auction of the instant land (hereinafter “auction”) with the Suwon District Court’s branch F fornju Branch on June 18, 2013.

The amount of claim shall be KRW 90,323,288, and Section B.

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