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(영문) 부산지방법원 2016.08.24 2016가합403
부당이득금반환
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1. As to the Plaintiff, Defendant B’s KRW 200,000,000, Defendant C’s KRW 30,000,000, and each of the above amounts, from February 13, 2016.

Reasons

1. Basic facts

A. On November 16, 2011, the Plaintiff was merged with the land of Busan Dong-gu, Busan, Dongdong-gu, Busan, on April 201, 201, which was owned by Defendant C and Defendant B’s agent, as his mother-child.

In addition, the sales contract for the above land and building (hereinafter referred to as the “instant real estate”) was concluded (hereinafter referred to as the “instant sales contract”) and the down payment of KRW 100 million was remitted to the Defendant C’s account on the same day.

B. On November 18, 201, the Plaintiff drafted the instant sales contract with Defendant C, and the details thereof are as follows.

The purchase price: KRW 600 million intermediate payment: KRW 100 million (on November 30, 201, the payment date): The remainder of KRW 400 million (on November 30, 201, the payment date): At the same time as the intermediate payment is paid and the seller succeeds to or transfers the loan of KRW 400 million to a financial institution designated by the buyer, and at the same time the seller provides ownership transfer documents.

C. At the time of the instant sales contract, the instant real estate was registered for the creation of the right to collateral security (hereinafter “instant right to collateral security”) equivalent to the obligor C, the mortgagee’s mining credit union, the maximum debt amount, 2.532 million won, based on the real estate listed in the separate list No. 1 and the real estate listed in the separate list No. 2 owned by the Defendant C as joint collateral. D.

On November 30, 2011, the Plaintiff remitted intermediate payment of KRW 100 million to Defendant C’s account, and paid KRW 30 million as interest on the said loan without taking over KRW 400 million out of Defendant C’s loans to Defendant C’s Mine Credit Union.

E. As to the instant real estate, Busan Metropolitan City Dong-gu, Jun. 8, 2012; the Republic of Korea (hereinafter the Korea Disposition Office) completed each of the registrations of seizure on August 14, 2012; and the Republic of Korea (the Korea Disposition Office) completed each of the registrations of seizure on October 9, 2012.

F. The Mine Credit Union shall sell the instant real estate on the basis of the instant right to collateral security.

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