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(영문) 서울중앙지방법원 2015.03.12 2013가합1841 (1)
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2009, Plaintiff A and Plaintiff B entered into a loan agreement and mortgage agreement with Defendant YA on May 9, 2009, and Plaintiff C on December 1, 2003, using bank credit transaction basic terms, loan transaction agreement, and mortgage agreement prepared by the Defendants in advance.

B. Each of the above agreements and contracts included a clause in which ① one of the “principal”, “bank” or “bank” and one of the “principal and bank” may be selected with respect to the burden subject of stamp tax pursuant to the preparation of the agreement, and the burden subject of the choice may include a physical string which may choose one of the “debtor”, “establishor” or “creditor”, and ② one of the “party bearing the burden of creating a right to collateral security includes a clause in which one of the “debtor”, “creditor” or “creditor” may be selected and the burden subject of the choice may be indicated in the case.

(hereinafter referred to as the “instant cost sharing clause” in total of the above provisions for the method of selecting body boxes.

Accordingly, the Plaintiffs did not put any indication on the body strawbling which selects the main body of cost burden by each cost item, and paid 265,000 won to Plaintiff A, Plaintiff B, and Plaintiff C, respectively, for the establishment of stamp tax and mortgage-backed property.

[Ground of recognition] Facts without dispute, Gap 11 evidence, Eul 70 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The instant cost burden clause, which provides that the subject of the burden of all expenses, such as stamp tax and registration tax incurred in the course of the Plaintiff’s assertion of loan agreement, may allow customers to choose a mortgage, constitutes unfair terms and conditions unfairly disadvantageous to the customer, is null and void, and each of the above costs is reasonable to be borne by the Defendant.

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