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(영문) 서울중앙지방법원 2017.12.05 2017가단5010933
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a sales contract between the Plaintiff and B on March 30, 2007 with respect to the real estate listed in paragraph (1) of the attached Table No. 1, and on February 13, 2008, the Plaintiff completed each registration of ownership transfer with respect to the real estate listed in paragraph (2) of the attached Table No. 2.2) On April 20, 2008, the Plaintiff entered into a sales contract with C who represented B on April 20, 2008, and the Plaintiff sold each of the real estate listed in the attached Table No. 230 million won (hereinafter “each of the instant real estate”) to B, while receiving KRW 90 million out of the purchase price from B, and completed the registration of ownership transfer with respect to each of the instant real estate to B on April 22, 2008.

B. D on April 22, 2008, the Korea Savings Bank (former Mutual Savings Bank prior to the alteration; hereinafter “Korea Mutual Savings Bank”) is the Korea Mutual Savings Bank (former Mutual Savings Bank prior to the alteration; hereinafter “Korea Mutual Savings Bank”).

B) In order to secure all obligations owed by D against the non-party bank, the non-party bank entered into a mortgage agreement with the purport of completing the registration of creation of a mortgage in the name of the non-party bank regarding each of the instant real estate owned by D as the maximum debt amount of KRW 650,000. 2) On April 22, 2008, each of the instant real estate was completed on April 22, 2008, the debtor D, the maximum debt amount of KRW 650,000,000, and the registration of creation of a mortgage (hereinafter “registration of this case”).

3) Since then, B, D, Non-Party Bank, Inc. (hereinafter referred to as “Roych Global”)

B) On September 30, 2009, a written contract for the alteration of the right to collateral security was concluded between the Loh Global on September 30, 2009, with the purport that the right to collateral security is altered by acquiring D’s debt overlappingly. On August 11, 2011, the debtor’s registration of the instant right to collateral security was changed to the Loh Global (hereinafter “instant registration of alteration”).

(C) The Plaintiff’s claim 1 against B) The Plaintiff was the District Court on August 12, 2009.

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