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(영문) 부산지방법원동부지원 2013.06.28 2012가합100660
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2002, the loan (1) between the Plaintiff and the Defendant (Seoul East 1 and 3 community credit cooperatives as of April 11, 201, changed from the same as of April 201, 2013) was completed on September 16, 2002 by the registration of creation of a neighboring mortgage (hereinafter “the first neighboring mortgage”) equivalent to the maximum debt amount of the Defendant’s land B (hereinafter “instant land”) and a building on land owned by the Plaintiff as of September 16, 2002. On the same day, a loan of KRW 50 million, which was secured by the said real estate under the name of the Plaintiff (hereinafter “the first lending”).

(2) The loan amounting to KRW 50 million was deposited in the Plaintiff’s account (Account Number: C; hereinafter “instant account”) opened in the Defendant’s Treasury immediately after the loan was executed, and was deposited in full in cash on the same day.

(3) On September 15, 2003, the Defendant Treasury received full reimbursement of KRW 50 million from the Plaintiff’s mother on the same day, and executed the Plaintiff’s mother D with loans equivalent to the same amount. On September 15, 2003, the Defendant Treasury completed the registration of change from the Plaintiff’s debtor of the instant 1 collateral mortgage to the said D on the ground of “acquisition of contract as of September 15, 2003.”

(4) Thereafter, the Defendant received full repayment of KRW 50 million from the above D on October 24, 2006, and completed the registration of the first collateral mortgage on November 2, 2006.

(5) The loan transaction agreement, mortgage contract agreement, and the loan execution agreement prepared at the time of the enforcement of the first loan was destroyed upon the lapse of the document preservation period by the Defendant’s Treasury.

B. On September 16, 2002, the loan (1) between the Plaintiff and the Defendant on September 16, 2002, the land indicated in paragraph (1) of the attached list owned by the Plaintiff (hereinafter “the land No. 2”) and its ground buildings indicated in paragraph (1) of the attached list owned by the Plaintiff on September 16, 202 (hereinafter “the second collateral mortgage”).

On the same day, 50 million won has been secured by the real estate in the name of the plaintiff at the defendant's treasury.

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