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(영문) 인천지방법원 2018.11.20 2017가단246752
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. (1) On May 30, 2014, the Plaintiff entered into a credit guarantee agreement with C as to KRW 180 million out of C’s loans to Jeonbuk Bank.

However, C was granted a loan of KRW 200 million from the Jeonbuk Bank as security, and on September 30, 2016, the credit guarantee accident due to the business closure report was paid.

Accordingly, on November 21, 2016, the Plaintiff subrogated for KRW 180,430,622 of the principal and interest of loans to Jeonbuk Bank.

The plaintiff filed a lawsuit against C for claiming the amount of subrogated, etc. of the plaintiff (Seoul Western District Court 2017Gadan200644), and on May 26, 2017, "C" pays to the plaintiff 179,329,533 won and 179,329,232 won a year from November 21, 2016 to December 12, 2016, 10% a year from the next day to December 12, 2016, and 15% a year from the next day to the day of complete payment."

(2) Meanwhile, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer under the name of Defendant A (C) and the registration of ownership transfer under the name of Defendant B were completed in sequence as follows.

① The registration of ownership transfer under the name of Defendant A: The registration of the Incheon District Court on October 17, 2016; the sales contract as of November 11, 2014; the grounds for registration; the registration of the establishment of a neighboring mortgage under the name of Defendant B; and the registration of the establishment of a neighboring mortgage under the name of Defendant B: (a) the registration date received as of March 9, 2017; (b) the maximum debt amount of KRW 130 million; (c) the debtor C; (d) the debtor C; (e) the Defendant B; and (e) the grounds for registration on February 15, 2017; (c) the fact that there is no dispute over the contract to establish a collateral security; (d) Party A, 1 through 5

2. The plaintiff's assertion

A. (1) A’s claim for restitution of unjust enrichment against Defendant A based on obligee subrogation was concluded with respect to the instant real estate under the name of the Defendant A, his spouse, for the purpose of predicting the occurrence of a credit guarantee accident and evading the Plaintiff’s compulsory execution, and completed the registration of ownership transfer under the name of the Defendant A.

C. The C.

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