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(영문) 의정부지방법원고양지원 2014.10.23 2014가단16718
부당이득금반환
Text

1. The Defendant’s KRW 15,317,490 to the Plaintiffs and 5% per annum from May 21, 2014 to October 23, 2014, respectively.

Reasons

1. Basic facts

A. On December 2, 2003, the Plaintiffs completed the registration of ownership transfer with respect to the first 1/2 shares relating to the first 113th floor (hereinafter “instant commercial building”).

B. D around December 2005, leased the instant commercial building from the Plaintiffs and operated the cosmetic retail business, and borrowed KRW 50,000,000 from the Defendant on June 9, 2006.

(hereinafter “instant loan”). C.

Of the instant loans, the Defendant demanded D to provide the instant commercial building as collateral. On June 9, 2006, the Plaintiffs entered into a limited collateral security contract between the Defendant and the instant commercial building with the maximum debt amount of KRW 39,000,000 with respect to the instant commercial building upon D’s request (hereinafter “instant collateral contract”). As to the instant commercial building, the Defendant completed the registration of creation of mortgage over the instant commercial building as the Defendant-mortgage, the maximum debt amount of KRW 39,00,000, and the establishment of mortgage over the instant commercial building as the Defendant.

The instant loan was a condition on which principal and interest were repaid in installments from June 2008, but D repaid only 17,500,000 won (2,50,000 won x 7) out of the principal of the loan from June 2008 to February 2, 2010 and thereafter delayed payment of the loan, the Defendant notified the Plaintiffs to apply for auction.

E. On September 2, 2010, the Plaintiffs subrogated for the principal of KRW 5,00,000 and interest KRW 2,539,450 among the instant loans, and the Plaintiffs’ agent E subrogated for the principal of KRW 2,50,000 and interest KRW 63,287 among the loans on September 30, 2010.

F. After that, as D did not pay the loan of this case, the Defendant applied for a voluntary auction to the commercial building of this case and rendered a voluntary decision to commence the auction on February 18, 201.

G. On August 29, 2011, E, on behalf of the Plaintiffs, deposited KRW 29,99,898, interest 3,191,091, plus auction expenses in KRW 29,903,129, and deposited KRW 50,000 on August 30, 201, and revoked the instant collateral security.

[Reasons for Recognition] There is no dispute;

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