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(영문) 대구지방법원 2019.04.18 2018가단128491
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 172,384,622 and the interest rate of KRW 15% per annum from September 13, 2018 to the date of full payment.

Reasons

1. Contract concluded between Defendant 156,000,000 won and Defendant 156,000,000 won on September 13, 2010, 2010, of the maximum amount of grounds for registration for the establishment of a contract on September 13, 2010, as of September 19, 2012, on July 19, 2012: C60,000,000 won for a contract signed on April 6, 2015, on April 6, 2015,

A. As to the real estate listed in the separate sheet (hereinafter “the apartment of this case”), the registration of ownership transfer in the name of the defendant was completed on September 13, 2010, following the completion of the registration of ownership transfer in the name of the defendant, the plaintiff as the mortgagee and the registration of the establishment of three neighboring mortgage was completed.

(B) The Plaintiff’s right to collateral security (hereinafter referred to as “mortgage”) by setting aside the following registration:

On September 13, 2010, the Plaintiff entered into a loan agreement with the Defendant as collateral and accordingly loaned KRW 130,000,000 to the Defendant. On June 13, 2012, the Plaintiff entered into an additional loan agreement with the Defendant and accordingly loaned KRW 50,000,000 to the Defendant.

In addition, the Plaintiff entered into a loan agreement with C as of July 19, 2012, and accordingly loaned KRW 100,000,000 to C as collateral. The Plaintiff entered into an additional loan agreement with C as of April 6, 2015, and accordingly loaned KRW 50,00,000 to C as collateral.

(hereinafter referred to as “A.I.D. Loan”) at the date of the loan.

Since then, upon the Plaintiff’s application, the Daegu District Court rendered a decision to commence voluntary auction of the instant apartment on June 12, 2017, and the registration of the decision to commence voluntary auction was completed on the same day, and the registration of transfer of ownership in the name of E was completed due to the sale of the instant apartment due to the voluntary auction on April 17, 2018 (hereinafter “instant auction”).

In applying for the auction of this case, the Plaintiff stated the security right as the first collateral in the application for the auction, and stated the claim amount as the secured claim on September 13, 2010, which was the secured claim of the first collateral security right, to the date of complete payment from May 15, 2017.

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