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(영문) 대전지방법원공주지원 2017.12.14 2017가단598
부당이득금반환
Text

1. As to KRW 11,03,330 and KRW 10,328,714 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 9, 2017 to December 14, 2017.

Reasons

1. Basic facts

A. On April 25, 2007, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage of this case”) with respect to E religious land: 413m2, F religious land, 249m2, E, and F ground buildings (the combination of each of the above real estate collectively referred to as the “instant real estate”) owned by the Bridges Association (Seoul Bridge on July 30, 2007, and the indication of each of the registered titleholder of Diplomatic Association on September 4, 2012) prior to the change.

B. On April 9, 2009, the Plaintiff borrowed KRW 40,000,00 from the Defendant.

In addition, Article 18(4) of the Rules on the Management of the Defendant applied from April 1, 2009 provides that “The rate of designated contribution of the Growth Fund shall be 4% per annum, and the repayment period shall be repaid in installments in accordance with the repayment schedule from the month following the receipt of the Fund every five years.” Article 23(4) provides that “When the repayment of the Fund is delayed, the amount of the designated contribution of 12% per annum shall be added.”

C. The Plaintiff repaid each of the Defendant KRW 3,500,000 on February 26, 2010, and KRW 2,000,000 on February 27, 2013.

The Defendant filed an application for voluntary auction of the instant real estate with the Daejeon District Court in support of the Daejeon District Court, claiming that there was a claim equivalent to 48,163,394 won and 12% interest per annum against the Plaintiff from June 1, 2013 to the date of complete payment. The said court rendered a decision to voluntarily commence the auction of the instant real estate on July 12, 2013.

E. The Plaintiff repaid the Defendant KRW 50,00,00 on January 10, 2014, KRW 2,000,00 on March 28, 2014, KRW 3,000,00 on March 29, 2014, KRW 1,775,420 on March 31, 2014, KRW 2,200,00 on August 25, 2014, and KRW 1,025,00 on August 29, 2014, respectively.

F. The Defendant withdrawn the application for voluntary auction on September 2, 2014.

G. Meanwhile, at the request of the Agricultural Cooperative, the mortgagee of the instant real estate, the above court, as a collateral for the instant real estate, separately from the voluntary auction upon the Defendant’s request.

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