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(영문) 대전고등법원(청주) 2016.11.15 2015나11916
부당이득금
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1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Claim 1 against the plaintiffs D (hereinafter "the deceased") in Cheongju District Court 2009 Gohap589 (Main Claim) between the deceased and the plaintiffs, 2010 Gohap3718 (Counterclaim) wage, etc., and 2010Gahap3879 (Counterclaim) loans on September 26, 2012, the court below held on September 26, 2012 that "the deceased shall pay to the plaintiff A an amount of 80 million won with the rate of 20% per annum from July 20, 2010 to the day of full payment, 60 million won per annum from June 11, 2009 to July 19, 2010 to the day of full payment, and 20% per annum from the following day to the day of full payment of the claim against the deceased (hereinafter "the deceased's claim against the deceased").

(2) As to the compulsory auction of real estate owned by the deceased on December 16, 2014, the above judgment became final and conclusive upon the dismissal of both the deceased’s appeal [the Daejeon High Court (Cheongju), 2012Na2577, 2012Na2584 (Counterclaim) and the appeal [the Supreme Court 2014Da20356, 2014Da20363 (Counterclaim)] and the appeal (the Supreme Court 2014Da20363)].

B. The registration of the establishment and cancellation of a neighboring mortgage on the real estate owned by the Defendant and the Deceased on June 18, 1996, the registration of the establishment of a neighboring P, Q, R, the land owned by the Deceased on June 18, 1996, and the land, Q, R, the reasonable district of Cheongju-si, G, T, the land and the above ground buildings, U land and the E, F, and each land and above ground buildings owned by the Defendant (hereinafter “each real estate of this case”).

As to the maximum debt amount of KRW 910,00,00,000, the debtor corporation and the O, the mortgagee corporation, the Newbuk Mutual Savings and Finance Company (hereinafter “Newbuk Mutual Savings and Finance Company”)

ii) the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “first neighboring mortgage”);

(2) On March 28, 2000, after the termination, the Defendant was cancelled on March 28, 2000.

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