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(영문) 서울중앙지방법원 2011.12.15 2011가합84101
부당이득금반환
Text

1. The Defendant’s KRW 200,000,000 as well as 5% per annum from January 21, 201 to September 2, 2011 to the Plaintiff.

Reasons

1. Basic facts

A. B, the husband of the Plaintiff, from September 30, 200 to January 20, 201, lent at least KRW 500,000 to C.

B. As to subparagraph 1, subparagraph 2, subparagraph 101, subparagraph 2, subparagraph 102, subparagraph 201, subparagraph 201, subparagraph 202, subparagraph 201, subparagraph 301, subparagraph 302, subparagraph 302, subparagraph 401, and subparagraph 402 of the Seocho-gu Seoul Central District Court on May 28, 1998, C registered the preservation of ownership as the Seoul Central District Court on May 28, 1998, and 2) as the receipt of the Seoul Central District Court on June 9, 1998, C completed the registration of the establishment of a mortgage as the obligor and the mortgagee E-mortgage.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

C above

B. On October 17, 2002, the Seoul Central District Court (Seoul Central District Court Decision 84016 to 84024, Oct. 2, 2002, issued a registration of transfer of ownership in the F’s name on the real estate other than subparagraph 102, among the stated real estate.

Of this case, HS Heading 1, 2, 101, 201, 301, 302, and 402

B. As to the remainder of the registered real estate except for the Nos. 102, 202, and 401 among the registered real estate, the registration of cancellation of the registration of the establishment of the said mortgage was completed on February 12, 2004 by the Seoul Central District Court under the Act No. 6912, which was received on February 12, 2004. As to the loan Nos. 202 and 401 of this case, the registration of the establishment of the right to collateral security was completed on February 12, 2004 by changing the mortgagee of the establishment of the right to collateral security to the defendant

E. With respect to the instant loan Nos. 202 and 401, the registration of the alteration of the right to collateral security changed F to the debtor of the establishment registration of the neighboring district of Seoul Central District Court No. 23798, Apr. 29, 2004 was completed.

F. The sale of the loan No. 102 on June 22, 2004 by auction was completed with the Seoul Central District Court No. 37811, which was received on June 30, 2004, and registered the cancellation of the registration of the establishment of the mortgage of this case.

(g)...

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