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(영문) 대법원 2020.10.15 2019다222041
부당이득금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The reasoning of the lower judgment and the record reveal the following.

D In order to obtain a loan, on December 23, 2004, registered the establishment of a mortgage on the real estate listed in [Attachment 1 and 2] of the lower judgment (hereinafter “real estate Nos. 1 and 2”) owned by C Group (hereinafter “C Group”) as shown in [Attachment 1 and 2] of the lower judgment with respect to the real estate (hereinafter “real estate Nos. 1 and 2”) with the maximum debt amount of KRW 70 million and KRW 580 million, not more

(hereinafter referred to as “first collateral security”). D was issued by the Defendant to provide a C organization around that time a guarantee of guarantee equivalent to KRW 423 million of the guaranteed amount.

D on December 30, 2004, offered collateral and guarantee security as security, and received loans from C organizations KRW 470 million for the recovery of facility damage.

(hereinafter “First Loan”). D entered into a mortgage agreement with C and D on December 9, 2008, which covers all obligations to be borne by C and C in the future due to credit transactions, etc., and D and C and registered the establishment of a mortgage over the real estate listed in [Attachment 3 through 8] of the lower judgment, which is owned by D (hereinafter “third through eight real estate”), with respect to the real estate listed in [Attachment 3 through 8] of the lower judgment, which is owned by D, (hereinafter “the maximum debt amount”).

(hereinafter referred to as “second-mortgage”) D, on December 16, 201, borrowed an additional amount of KRW 500 million from C’s organization for fiscal fisheries.

(hereinafter referred to as “second-party loan”). (b)

The Plaintiff purchased 3 to 8 real estate from D on March 9, 2012, and registered the ownership transfer in the future of the Plaintiff on March 19, 2012.

C. D, from April 3, 2012, with respect to the first loan, D delayed payment of interest on the second loan from August 9, 2012.

C Organizations filed an application for voluntary auction based on the second collateral security E with respect to real estate from 3 to 8 August 2012, 2012, which was commenced on August 28, 2012.

(hereinafter “instant auction”). The claimed amount is set forth in Section 1.

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