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(영문) 서울북부지방법원 2016.11.10 2016가단7996
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that on October 18, 2005, the Plaintiff: (a) borrowed 80 million won from the Defendant at interest rate of 21% per annum; and (b) completed provisional registration with respect to the real estate indicated in the attachment (hereinafter “instant real estate”) as security for the above loan (hereinafter “the instant loan”); (c) the Defendant completed the registration of ownership transfer on the instant real estate without liquidation procedures on February 27, 2006; and (d) the Defendant has the obligation to pay 180 million won to the Plaintiff (the value of the instant real estate 980 million won - (the security deposit for the lease of the instant real estate 180 million won - KRW 615 million 60 million - the security interest on the instant loan 80 million - KRW 42 million - the interest on the instant loan 3 months 42 million - the interest on the instant loan of this case) and delay damages therefrom).

2. According to the evidence evidence Nos. 1 and 3, with respect to the instant real estate, the following facts are as follows: ① ownership transfer registration in the Plaintiff on May 14, 2004; ② ownership transfer registration in the Defendant’s future on October 17, 2005; ② ownership transfer registration in the Plaintiff’s future on February 13, 2006 on the ground of purchase and sale reservation; ③ ownership transfer registration in the instant real estate on March 31, 2006 on the ground of purchase and sale as of March 8, 2006; ② ownership transfer registration in the instant real estate was completed in each order on June 29, 2005; on the other hand, ownership transfer registration in the instant real estate was completed on June 29, 2005 with a maximum claim amount of KRW 86,100,000,000,000 for the Plaintiff, the Plaintiff, and the Korea Mutual Savings Bank Co., Ltd., Ltd. on March 31, 2006.

(b) such credit.

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