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(영문) 청주지방법원 2013.05.21 2012나5347
부당이득금
Text

1. The part against the defendant in the judgment of the court of first instance that exceeds the following parts.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the whole purport of the pleadings as to Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply), Eul evidence 8 and 9, and fact inquiry into the market in the first instance court.

On March 28, 1996, with respect to the land in the name of H, I, and J, D, 57.5 square meters (hereinafter “instant land”), which was owned by H, I, and J (hereinafter “instant land”), the registration of creation of the film Saemaul Fund (the trade name was changed to the New Saemaul Bank, A, I, and B, the maximum debt amount of KRW 150 million in the future, and the collateral security (hereinafter “instant collateral security”) with the debtor H was completed.

B. On April 13, 1996, G obtained the registration of ownership transfer from H, I, and J on the instant land, and completed the additional registration of the debtor's change from H to G with respect to the instant right to collateral security. On May 7, 1996, G newly constructed a neighborhood living facility and multi-household house with the fourth floor size on the instant land (hereinafter referred to as "the indication of one unit building" as stated in the attached Form; hereinafter referred to as "the instant condominium building") with the consent to land use by the film community, a mortgagee, the right to collateral security, as a right to collateral security, on the instant land, and with the consent to land use by the film community, which is a right to collateral security, on the instant land.

The registration of ownership preservation for each partitioned building, including B, has been completed at the same time, and the registration of site ownership for the partitioned building of this case was completed at the same time, and the registration of site ownership for the partitioned building of this case was completed at the rate of 52.83/57.5.

C. On March 21, 1997, G completed the registration of ownership transfer for the instant sectioned building due to the sale, and K completed on March 27, 1997 the registration of ownership transfer for K with respect to the instant sectioned building with the original agricultural cooperative, the maximum debt amount of KRW 45,500,000,000, and the debtor K with respect to the instant sectioned building.

The case shall be the Cheongju District Court Support L, Jeju District Court at the request of the Cheongju Agricultural Cooperatives.

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