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Reasons
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(영문) 서울중앙지방법원 2018.05.04 2016가합513222
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In around 2004, the Plaintiff: (a) planned to build a new building on the ground of Seocho-gu Seoul Metropolitan Government C, D, E, F (hereinafter “instant land”); and (b) G (hereinafter “instant land”; and (c) planned to promote a new project (hereinafter “instant project”); and (d) decided to borrow funds from the Defendant, the contractor, for the purchase of each of the instant land.

B. On October 29, 2004, the Plaintiff purchased the instant land from Nonparty H Co., Ltd. (hereinafter “H”) and completed the registration of transfer of ownership. On the same day, the Plaintiff concluded a real estate security trust contract with Nonparty I Co., Ltd. (hereinafter “I”) and completed the registration of transfer of ownership based on the trust to I.

C. On November 25, 2005, the Plaintiff purchased the instant land No. 2 from Nonparty J and completed the registration of ownership transfer on November 28, 2005. On the same day, the Plaintiff concluded a real estate security trust contract with I and completed the registration of ownership transfer based on trust with I. D.

I set up a preferential beneficiary for each land and building of this case and issued a certificate of beneficial interest to secure the claim, such as the borrowed money, arising in the course of the business of this case by the Plaintiff.

E. On June 23, 2005, the Defendant transferred the claim under the monetary loan agreement of the Plaintiff and the third priority right to the claim against the Plaintiff on May 31, 2005 to the non-party KK Limited Company. On January 16, 2007, the Defendant succeeded to the second priority right after he repaid the Plaintiff’s loan to the non-party L by subrogation. On August 30, 2007, the Defendant succeeded to the first priority right by subrogation for the Plaintiff’s loan obligations against the non-party M.

In the process, the order of each right to benefit has been changed several times, and the status of the beneficiary of each right to benefit as of November 1, 2007 shall be as shown in the attached Form.

F. The Plaintiff’s above loan to the Defendant and the Defendant.

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