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1. Upon receiving a modified claim from the trial court, the Defendant shall pay KRW 15,000,000 to the Plaintiff and its corresponding amount from November 7, 2013.
Reasons
1. Facts of recognition;
A. On January 22, 2010, D signed and sealed a document stating that “the next rent contract” was signed and sealed, and the said loan payment contract stated that “the Plaintiff and the Defendant borrow KRW 20 million from the same day as the Plaintiff and the Defendant as the Plaintiff provided real estate as security” (hereinafter “the instant loan payment contract”) and as to the Plaintiff, the Defendant, the obligor, and the obligor and the person establishing the right to collateral security (hereinafter “the instant mortgage contract”) with the value of KRW 30 million,000,000,000 for the forest E-70,000 square meters (hereinafter “the instant real estate”) owned as D on the same day, the mortgage agreement was prepared by the Plaintiff, the Defendant, and the person establishing the right to collateral security (hereinafter “the instant mortgage agreement”). The establishment registration was completed under the name of the Defendant, with the maximum debt amount of KRW 30,000,000,0000,000 in accordance with the said mortgage contract.
B. On June 27, 2013, the said court prepared a distribution schedule that distributes the dividends of KRW 15 million to the Plaintiff, the mortgagee, and the Defendant, who was the mortgagee, on June 27, 2013. On November 6, 2013, the said court received dividends of KRW 15 million against the Defendant from the said court.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, and 7 (including each number), fact-finding results of the Daejeon District Court's branch of the Daejeon District Court's Daejeon District Court's fact-finding results, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is merely the plaintiff's lending of money to D, and the registration of establishment of a mortgage in the defendant's name is invalid. The defendant's receiving dividends of KRW 15 million from the above auction procedure constitutes unjust enrichment. Thus, the defendant shall return the above dividends received by the defendant to the plaintiff.