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(영문) 대전지방법원공주지원 2020.07.23 2020가단20349
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. C on February 2, 2004, completed the registration of ownership transfer with respect to one-half of the 6,194 square meters of D Forest land in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On March 31, 2005, C completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) of KRW 19,500,000 as the creditor with respect to the portion of 1/2 out of the forest land as above, with the maximum debt amount of KRW 19,500 as the creditor.

C. On July 8, 2005, the joint collateral of the instant collective security was divided into the said forests and fields, 6,194 square meters of the D forest and field, Seocheon-gun, Chungcheongnam-gun. Accordingly, the joint collateral of the instant collective security was changed into the said forests and fields divided.

On July 15, 2005, the Defendant completed the registration of ownership transfer with respect to the land of this case (hereinafter “the instant land”). On June 8, 2007, the Defendant completed the registration of ownership transfer with respect to the land of this case (hereinafter “the instant land”). On June 8, 2007, the registration of the establishment of a neighboring mortgage amount of KRW 67.6 million was completed.

E. The Plaintiff filed an application for the auction of real estate rent with the Daejeon District Court Red support H on the basis of the instant right to collateral security with respect to the remaining forests, excluding F and G, among the forests and fields set forth in Da or E, Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant filed an application for the auction of real estate rent with the competent court I on September 18, 2014, and received a voluntary decision on the commencement of auction from the said court on September 18, 2014.

F. As a result of continuing inspections due to the instant collective security, which had been first priority in the auction procedure against the Defendant, the Plaintiff determined that the instant collective security was a joint mortgage, and even if the said mortgage was cancelled, there would be no problem with securing claims against C. As to the instant land, the Daejeon District Court withdrawn the application for voluntary auction of Hongsung Branch H on October 5, 2015, and the J, who was in charge of the management of claims, etc. while serving as the Plaintiff’s Vice-Chairperson on October 2015, did not obtain C’s consent to cancel the registration of the instant collective security as to the instant real estate.

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