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(영문) 수원지방법원 2016.01.29 2014가단68262
부당이득금 등
Text

1. The Defendant: (a) KRW 240,00 and the Plaintiff’s annual rate from October 28, 2014 to January 29, 2016.

Reasons

1. Basic facts

A. On June 7, 2010, the Defendant leased KRW 200 million to C, and on June 7, 2010, received registration of the establishment of a mortgage over KRW 300 million with respect to the obligor C and the maximum debt amount as to the building owned by Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Seoul, and the building on its ground (hereinafter “instant real estate”). On March 25, 201, the Defendant registered the right to claim ownership transfer with respect to the instant real estate.

B. After a voluntary decision to commence auction was issued upon the Defendant’s application based on the foregoing right to collateral security, on June 1, 201, F, if F, as a joint and several surety between G and G acting for the Defendant, jointly and severally pays KRW 70 million as interest, the Defendant withdraws the above request for auction, and F, upon leasing the remainder of the public room of the instant real estate, agreed that F, as a deposit, shall repay the deposit. Upon receiving the agreed amount, the Defendant voluntarily withdrawn the request for auction of the instant real estate on June 2, 201.

C. On November 10, 201, G filed a registration of partial transfer of the right to collateral security (100 million won) with respect to the above right to collateral security under the name of the Defendant, and accordingly, G voluntarily decided to commence the auction with Suwon District Court H on November 23, 201.

On September 3, 2012, G and the Defendant (hereinafter “Defendant, etc.”) during the above auction procedure (hereinafter “Defendant, etc.”) agreed with F, Cheongho Comprehensive Construction Co., Ltd. and Plaintiff, and D as follows.

① The F agrees to establish a right to lease on a deposit basis with the Defendant regarding the instant real estate Nos. 102, 202, 303, and 403; the F shall preferentially repay the remainder to the amount of credit of the Defendant, etc. in the event of lease to the Defendant, etc.; the provisional registration shall be cancelled immediately; and when the repayment to the Defendant, etc. is completed, the Plaintiff, and D shall establish a provisional registration with the F.

(2) As for the Cheongho Construction Co., Ltd., the defendant, etc. has not exercised the right of retention until he has been reimbursed for KRW 210 million in cash, and the defendant, etc. has recovered the above amount, and the security deposit shall be recovered as the payment for the construction work.

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