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(영문) 서울중앙지방법원 2017.01.25 2015가단183030
부당이득금
Text

1. The Defendant’s KRW 22,110,00 for the Plaintiff and 5% per annum from November 24, 2015 to January 25, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed with the Defendant to borrow only the name of the Defendant in the course of a voluntary auction to purchase the instant real estate (hereinafter “instant real estate”) a single-story housing and a single-story residential facility (hereinafter “the instant real estate”) with the Defendant.

(hereinafter referred to as “this case’s agreement”). (b)

The Plaintiff received the bid price of the instant real estate in the name of the Defendant in the voluntary auction procedure (Scheon District Court Branch D) and paid KRW 217,110,000 to the court.

The registration of ownership transfer was made on July 18, 2012 with respect to the instant real estate in the name of the Defendant under the name of the Incheon District Court Branch of the Incheon District Court and the Kimpo-si Branch of the Kimpo-si.

C. On July 18, 2012, the Plaintiff completed the registration of the establishment of a mortgage, which is the “debtor, Defendant, and the maximum debt amount of KRW 253,500,000,” with respect to the instant real estate, and paid the successful bid price, etc. by borrowing KRW 195,00,000 from one Capital.

On August 31, 2015, the Defendant sold the instant real estate to E, and completed the registration of transfer of ownership as to the instant real estate under the 81759, which was received on September 9, 2015 from the Incheon District Court Branch Kimpo-dong, Kimpo-si, 2015.

The Defendant repaid the loan to one Capital with the price of the instant real estate, and one Capital was cancelled on September 9, 2015 on the ground that the said loan was terminated.

[Ground of recognition] Each entry of Gap 1 through 6, 14, 15, Eul 3 through 12, and the purport of the whole pleadings

2. The instant title trust agreement, which is the cause of the Plaintiff’s claim, is null and void, and the Defendant, the nominal owner, acquired the instant real estate.

As a result of the return of unjust enrichment to the Plaintiff, the Defendant: (a) a collateral security claim (24,495,106 won); (b) registration fees (7,121,018 won); (c) loan interest and real estate taxes (48,221,780 won, which the Plaintiff processed as the successful bid price of the instant real estate; and (d) a total of 79,8

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