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(영문) 인천지방법원 2014.12.19 2013가단232755
부당이득금
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiffs received loans from the Defendants around the date of each entry of the “Creation Date” column as set forth in the separate sheet from the Defendants, and, in order to secure the loan obligation, the Plaintiffs set up a collateral against the Defendants regarding the real estate owned by themselves or a third party.

(2) However, each of the above loan transactions was used by the Defendants’ prior form of loan transaction agreement and mortgage transaction agreement. ① The loan transaction agreement has a physical straws which may select one of the “debtor”, “bank(creditor)” or “50% of the principal bank” with respect to the burden of stamp tax, and puts + on the burden subject selected. ② The mortgage transaction agreement has a physical straws which may select one of the “debtor”, “establisher” or “creditor(creditor)” as to the burden of the cost of establishing the right to collateral security, and used the form of designating one of the “debtor”, “person who has created the right to collateral security,” or “creditor(creditor).”

(3) The basic terms and conditions of bank credit transactions used for each of the above loan transactions provide that the obligor shall bear the expenses incurred in the investigation, collection, and disposal of collateral, but the Plaintiffs paid each of the items listed in the separate sheet.

(4) The instant clause is a standardized contract subject to the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”), which is null and void pursuant to Article 6(1) of the Act on the Regulation of Terms and Conditions.

Therefore, without any legal cause, the Defendants obtain profits equivalent to 50% of the amount of stamp taxes paid by the Plaintiffs and the amount equivalent to the cost of establishing a collateral security (registration tax, education tax, certified judicial scrivener fee, registration fee, superficies creation cost, appraisal fee, etc.) and thereby obtain the same amount from the Plaintiffs.

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