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(영문) 서울고등법원 2018.10.26 2018나2006707
부당이득금반환 등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment by the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases:

On the 2nd page of the judgment of the first instance, “Defendant C is used as “The co-defendant C of the first instance trial (hereinafter referred to as “C”)” and “B” in the 3rd part.

On June 17, 2011, the first instance judgment No. 4, in the first instance court, "current (art. 1) auction procedure" in the first instance judgment, "Defendant Agricultural Cooperatives filed an application for commencement of voluntary auction with respect to the real estate No. 1 and No. 2 of this case on June 17, 2011, and rendered a decision to commence voluntary auction on June 20, 201," and accordingly, the first and second real estate of this case were to be decided on May 201."

No. 4 of the first instance judgment, "No. 5" of the first instance judgment shall be written with "No. 5, 12".

2. Determination

A. In the first instance court, the Plaintiff asserted that the Defendants established the right to collateral security on the instant real estate No. 2 without permission, and sought a return of unjust enrichment. However, this court asserted that the Defendants consented to the establishment of the right to collateral security rather than the right to collateral security without permission, and thus, it is deemed that the claim for return of unjust enrichment was withdrawn.

(1) Since the instant real estate No. 1 was blind on roads only through the instant real estate No. 2, and it did not have property value by itself, the instant voluntary auction procedure was conducted several times. However, C, Defendant D, and E promised to withdraw the application for voluntary auction of the instant real estate No. 1 and suspend the repayment period of the loan, upon requesting the Plaintiff to provide the Plaintiff with additional real estate No. 2 as security.

Accordingly, the Plaintiff agreed with C, Defendant D, and E on April 8, 2011 as follows.

① If the Plaintiff provides the instant second real estate as additional security, the Defendant.

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