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(영문) 제주지방법원 2020.07.14 2019나13391
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. On August 1, 2013, the Defendant borrowed KRW 150,000,000 from the Plaintiff as of August 1, 2013, setting the due date for reimbursement of KRW 39% per annum for overdue interest.

(2) On the same day, the Plaintiff entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Plaintiff on the same day, and completed the provisional registration of the right to claim ownership transfer registration (hereinafter “provisional registration of this case”).

On September 30, 2013, the Defendant borrowed 50,000,000 won from the Plaintiff as of October 29, 2013 at the due date and 39% per annum for overdue interest.

(2) The Defendant, at the time of the signing of the contract with the Plaintiff, had a loan of KRW 1,00,00,000 to C and a loan of KRW 430,00,00 to D Association. On July 24, 2013, regarding each of the instant real estate, the establishment registration of a mortgage with the maximum debt amount of KRW 559,00,00 for each of the instant real estate as the mortgagee, and the establishment of a mortgage with the maximum debt amount of KRW 1,30,000 for each of the instant real estate as the mortgagee, the maximum debt amount of KRW 559,000 for each of the instant real estate was completed.

(B) In the event that the Plaintiff was unable to repay obligations of the instant Claim Nos. 1 and 2, the Defendant entered into a sales contract with the Plaintiff on September 16, 2013, stating that the total purchase price of the instant real estate shall be KRW 1.83 billion, and the Defendant completed the registration of ownership transfer based on the provisional registration of the instant case on September 16, 2013 in the name of the Plaintiff on the following day.

(hereinafter “this case’s principal registration”). The Defendant’s obligee E, etc. filed a lawsuit against the Plaintiff, as Busan District Court Branching 2013Gahap5205, Busan District Court Branching the Plaintiff (hereinafter “the separate lawsuit for revocation of fraudulent act”), and the said court on November 6, 2014.

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