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(영문) 서울북부지방법원 2018.10.16 2016가단43336
부당이득금반환
Text

1. Defendant B: 32,829,500 won to the Plaintiff (Counterclaim Defendant) and 5% per annum from June 6, 2018 to October 16, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants’ real estate ownership relationship, etc. 1) Defendant B is 8,043 square meters of forests and fields E (hereinafter “the instant forest”) in the Cheongbuk-gun, Chungcheongnambuk-do.

Of the instant forest land, Defendant C is the owner with respect to 3/4 shares. The share of 1/4 of the instant forest land, and 833 square meters of the F-Am2 in Chungcheongnam-gun, Chungcheongbuk-gun (hereinafter “instant orchard”).

(2) Around July 207, 2007, G Association (hereinafter “G Association”) established a collateral security (hereinafter “mortgage 1 of this case”) with respect to the forest of this case, the debtor B and the maximum debt amount of KRW 67,600,000 (around December 26, 2007, the maximum debt amount of KRW 93,600,000 is changed to the maximum debt amount of KRW 93,60,000).

3) On January 22, 2009, H is entitled to the right to collateral security (hereinafter “mortgage 2”) of KRW 35,000,000 with respect to B’s share among the forest land in the instant case as debtor B, and around January 22, 2009.

(1) On November 4, 2009, the maximum debt amount of KRW 115,00,000 (hereinafter “instant third-party mortgage”) shall be the right to collateral security (hereinafter “instant third-party mortgage”).

(1) On March 10, 2010, the maximum debt amount of KRW 70,000,000 (hereinafter “mortgage 4 of this case”) shall be the right to collateral security (hereinafter “mortgage 4 of this case”).

Around June 8, 2010, the instant forest was created, and around June 8, 2010, the provisional registration of the right to claim transfer of B shares out of the instant forest. Around August 10, 2011, H with respect to C shares out of the forest land in the instant case, the right to collateral security (hereinafter “mortgage-backed security”) of KRW 150,000,000 for the debtor I and the maximum debt amount.

(4) However, around October 18, 2011, the G Union rendered a voluntary decision to commence the auction of the forest of this case upon its application. The Defendants decided to sell the forest of this case and orchard through B.

B. On January 27, 2012, the Plaintiff, including the conclusion of the sales contract for the instant forest, concluded a sales contract with Defendant B by setting the sales amount of KRW 427,500,00 with respect to shares of KRW 3/4 of the instant forest, and on the same day, set the sales amount of KRW 142,50,000 with respect to shares of KRW 1/4 of the instant forest, among the instant forest, as well as Defendant C and the Defendants.

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