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Reasons
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(영문) 인천지방법원부천지원 2019.10.25 2018가단12409
채무인수절차이행
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 20, 2004, the Plaintiff and the Defendant purchased land from D to newly build accommodation facilities on the ground, and purchased land of Jung-gu Incheon (hereinafter “the instant real estate”) from D on April 1, 2004, 1/2, and decided to take over the secured debt of 170 million won (hereinafter “the primary loan”) of the right to collateral security established at FF association on August 2, 2004. Accordingly, on October 25, 2004, the Plaintiff and the Defendant completed the additional registration as to the instant real estate changing the debtor of the right to collateral security to D, and completed the additional registration as to changing the debtor of the right to collateral security to the Defendant’s bank account (G account number H) established at that time, with the Defendant’s loan of 100 million won from the above account to the Defendant’s loan of 300 million won (the entire maximum debt amount of the instant real estate loan of 100 million won, 300 million won or less).

C. On the other hand, on September 23, 2016, the Plaintiff completed the supplementary registration in which the debtor of each right to collateral security, which covers the first and second loans on the grounds of contract acceptance, is changed from the Defendant to the Plaintiff. On April 20, 2018, the Plaintiff repaid KRW 53,500,000, which is a half of the first loans, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 9, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff and the Defendant agreed to acquire 1/2 each of the primary loans at the time of the instant real estate purchase. The Plaintiff repaid KRW 500,000 on April 20, 2018 on behalf of the Defendant, and the Defendant paid the Plaintiff KRW 53,50,000 to the Plaintiff as the amount of reimbursement or the return of unjust enrichment.

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