(영문) 대전지방법원 2016.08.25 2015가단10056

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(영문) 대전지방법원 2016.08.25 2015가단10056

부당이득금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant introduced C, which had been a relationship with the Defendant at the time, around October 2007, while having been engaged in monetary transactions by being first known on August 2005.

B. On May 10, 2007, the Plaintiff borrowed KRW 5872,00,00 from the Defendant (only 80,000,000,000,000,000) from the Defendant (hereinafter “the primary loan of this case”) to secure the said debt, and purchased by C in his name in order to secure the said debt (hereinafter “the instant primary loan of this case”) 3203 square meters (hereinafter “the instant 1 real estate”) with respect to 386 square meters (hereinafter “the instant 2 real estate”).

) The maximum debt amount of KRW 96 million, the debtor and the mortgagee G, the Defendant’s wife and the mortgagee, completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) in the vicinity of the establishment of a mortgage in G, the Defendant’s wife.

C. After that, the Plaintiff repaid all of the instant primary loan obligations by July 14, 2007.

C used his own or D name at the time of monetary transaction, and the defendant made a monetary transaction in his or his or her name G.

E. C changed the maximum debt amount of KRW 96 million, which was set up on July 18, 2007, to KRW 170 million (hereinafter “the instant registration of change”), with respect to the instant real estate Nos. 1 and 2, and added the said amount of KRW 75 square meters (hereinafter “the instant third real estate”) to the joint collateral.

F. On July 19, 2007, the Plaintiff: (a) made a loan certificate of KRW 120 million with the maturity of January 31, 2008 (hereinafter “the loan certificate of this case”) with the name of the creditor as G, the Defendant’s wife; and (b) made a contract for debt acquisition with the Plaintiff’s I and J on the same day to transfer the loan claim of KRW 150 million to the Defendant.

G. The Defendant paid to the Plaintiff KRW 60 million on July 18, 2007, and KRW 40 million on July 24, 2007, respectively. The Plaintiff paid KRW 60 million to C on July 18, 2007, respectively.

7.24.4 million won.

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