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(영문) 인천지방법원부천지원 2015.06.30 2015가단101841
부당이득금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

On September 22, 2009, the Defendant lent KRW 250,000,00 to C on September 22, 2009, and completed the registration of creation of a neighboring forest E, Incheon, Incheon, Inc., owned by D (hereinafter “instant forest”) with a maximum debt amount of KRW 500,000,000 with respect to the same day.

(2) The Defendant was issued a promissory note of KRW 250,00,000 from C on January 22, 2010 with respect to the said loan.

(2) On March 18, 2010, C paid KRW 50,000 to the Defendant on March 18, 2010. On the other hand, C completed the registration of creation of a collateral security with respect to forest land of this case as KRW 585,000 with respect to the obligor F (C’s husband) and the maximum debt amount, KRW 585,00,000 with respect to forest land of this case, and deposited KRW 320,00,000 from Gangnam Agricultural Cooperative on March 19, 2010 with regard to deposit of KRW 310,00,000 with the Defendant under F’s name, the collateral security right of this case was revoked on the same day.

C On August 19, 2011, with respect to the building on G ground owned by himself, Seo-gu Incheon Metropolitan Government (hereinafter “instant G building”), completed the registration of creation of collateral security for the mortgagee H (C’s husband), the maximum debt amount of KRW 300,000,000.

(hereinafter “instant 2-mortgage”). On December 28, 201, the Defendant provisionally attached the instant G building with the claimed amount of KRW 250,000,000 based on the Promissory Notes No. 1, supra. 28, 201.

(hereinafter “The instant real estate provisional seizure.” On June 13, 2012, the Defendant issued a promissory note of KRW 136,400,000 under H’s name (hereinafter “instant promissory note”) and paid KRW 100,000,000 to the Defendant on the same day, and completed the registration of partial transfer of the right to collateral security that changes the Defendant of the instant collateral security on the part of KRW 150,00,000,000 on the 14th of the same month, and on June 13, 2012.

(hereinafter “instant 2-mortgage share”). The Defendant is based on the instant 2-mortgage share around December 2012.

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