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(영문) 서울고등법원 2015.01.08 2014나2028761
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

Basic Facts

On January 22, 2007, A, including the creation of the instant right to collateral security, concluded a mortgage contract (hereinafter “instant right to collateral security contract”), which provides each of the real estate listed in the separate sheet “Attachment A” (hereinafter “Attachment List”) as joint collateral security (hereinafter “each of the instant real estate”) as stated in paragraphs (1) through (8) of the attached Table No. 1 through 8 with regard to each of the instant real estate as joint collateral (hereinafter “instant right to collateral security contract”) with the Geumcheon Mutual Savings Bank Co., Ltd. (hereinafter “Non-Party Bank”), with the maximum debt amount of KRW 3,20,00,000,00 and the secured debt amount to Non-Party Bank B at the time and thereafter, and with respect to each of the instant real estate as stated in Articles 3904 and 3907, and with respect to each of the instant real estate as joint collateral security (hereinafter “the instant right to collateral security”) as the Seoul East District Court’s receipt and notification No. 200,2740,2700 and each of the instant real estate No.

On October 2, 2008, the non-party bank in the proceedings of voluntary auction on each real estate of this case shall claim the principal of the loan and damages for delay against the non-party bank of this case listed in paragraph (1) B as the amount of the loan principal and damages for delay on October 2, 2008.

(2) As a result of the application for a real estate auction with respect to the real estate Nos. 5, 6, and 7 of this case and the real estate Nos. 3, 4, and 8 of this case for which the Seoul Southern Southern District Court had already been in progress, the auction procedure was conducted to G with the Seoul Southern District Court (this case No. 3, 4, and 8 of this case).

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