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Reasons
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(영문) 광주지방법원 2017.10.26 2017가합51483
부당이득금
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1. The Defendant’s KRW 206,990,925 as well as the Plaintiff’s annual rate from February 7, 2012 to September 21, 2017.

Reasons

1. Basic facts

A. C’s acquisition of apartment ownership and the establishment of the right to collateral security (1) C’s right to collateral security by borrowing KRW 200 million from D on April 14, 2008 from D on April 14, 2008, each apartment unit listed in the separate sheet No. 1 (hereinafter “instant apartment unit No. 1”), and each apartment unit listed in the remaining separate sheet No. 2 through No. 4 shall be specified in the same manner.

2) On the same day, C agreed to set up a promissory note (No. 1392, 208, No. 2008, No. 2008, No. 1392, No. 2008, No. 2008, No. 2008, No. 2008, No. 2008, No. 2008, No. 2008, No. 2008, No. 2008, No. 2006, No. 2000, No. 2006, No. 2000, No. 30

3) On April 15, 2008, C was awarded a successful bid for the instant Claim Nos. 1 through 4, which had been the state of completion at the time of the voluntary auction procedure for the instant Claim Nos. 1 through 4 apartment, and on the same day, Seoyang Saemaeul Community Depository (hereinafter “Syangyang Community Depository”).

3) As to the instant apartment Nos. 1 through 4, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 780,000,000 (hereinafter “instant collateral security”).

2) As to the instant apartment Nos. 1 through 4, the registration of the establishment of a right to lease on a deposit basis for each household’s lease on a deposit basis (hereinafter “right to lease on a deposit basis”) shall be made.

(4) On May 7, 2008, according to the agreement described in paragraph (1) above with D, C completed the registration of creation of a neighboring maximum debt amount of KRW 200 million with respect to the apartment of this case to D on May 7, 2008.B. D's application for an auction of D's and Seoyangyang Depository for a compulsory auction of the instant 1 through 4 apartment based on the instant notarial deed, upon the arrival of the due date for repayment of the loan claim against D's loan claim, D's application for a compulsory auction of the instant 1 to 4 apartment based on the instant notarial deed was filed with the Gwangju District Court's branch on September 28, 2009, and received E's

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