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(영문) 서울동부지방법원 2018.04.25 2016가단143421
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from December 3, 2016 to the date of complete payment.

Reasons

1. Facts recognized;

A. C and D shared 3/5 and D2/5 of the instant land at the ratio of 3/5 and 438 square meters (hereinafter “instant land”).

B. On July 4, 2011, the F (C’s husband and D’s father) represented by C and D completed the registration of creation of a mortgage with the maximum debt amount of KRW 150,00,000,000, the debtor C, D, and the mortgagee of the right to collateral security (hereinafter “the first collateral security”).

C. On September 5, 2012, F representing C and D completed on the Plaintiff the registration of creation of a neighboring mortgage (hereinafter “the second collateral security”) that became the Plaintiff as the mortgagee, the maximum debt amount of KRW 420,000,000,000, the debtor Alc Co., Ltd. (hereinafter “AC”), and the Plaintiff as the mortgagee of a right to collateral security (hereinafter “the second collateral security”).

The right to collateral security was to secure the obligation of the goods price of G Co., Ltd. (the representative director, the plaintiff, the hereinafter referred to as the "G") within the 40,468 knifies (the total price of KRW 323,74,00).

On August 12, 2013, F on behalf of C and D repaid the secured debt of KRW 53,854,075 at the time of Gangnam Capital, and on the same day, through transfer of contract with Gangnam Capital, the Defendant entered the additional registration before the first collateral security was completed on the 16th day of the same month.

E. On March 21, 2014, the Plaintiff filed an application for voluntary auction of the instant land based on the 2rd mortgage.

In the process of voluntary auction commenced at Suwon District Court H, the instant land was sold to the court auction bank corporation, and the said company’s ownership was transferred on June 24, 2015.

F. The F, upon delegation by the Defendant, submitted to the auction court a loan agreement signed by the Defendant to the effect that the Defendant had a claim for the principal amounting to C and D amounting to KRW 120,000,000 and interest, together with the claim statement.

G. On August 12, 2015, the court of auction shall take first priority over the proceeds from the sale of land on August 12, 2015, KRW 150,000,000 to the Defendant (beneficiary of the collateral security) and KRW 825,730,00.

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