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(영문) 대전지방법원천안지원 2017.10.27 2017가단1031
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land B, C (hereinafter collectively referred to as “instant land 1”); D, and E (hereinafter collectively referred to as “instant land”) in the Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si (hereinafter referred to as “the instant land 2”).

B. On April 21, 2016, upon the application of the Incheon Agricultural Cooperatives, the real estate No. 1 and the instant land No. 2 commenced a compulsory auction procedure (the Daejeon District Court SupportF for the Daejeon District Court; hereinafter “instant auction”), and the Defendant reported the instant land No. 1 as the highest bidder on the instant land No. 2.

C. On January 4, 2017, the Plaintiff entered into an agreement with Korea-U.S.A. with the effect that “Korea-U.S.A. would receive 17,000,000 won for bid bond and 13,000,000 won for compensation, and 30,000,000 won for the sale price of the instant land from the auction court later, and later waive the purchase by failing to pay the balance of the sale price of the instant land for the instant auction court.” At that time, the Plaintiff paid 30,000,000 won for the agreed amount to Korea-U.S.A.

Agreement

1. On January 5, 2017, the Defendant received KRW 50,000,000 from the Plaintiff and consented to the withdrawal of the instant auction.

2. The Plaintiff shall pay the Defendant KRW 10,000,000, out of the above KRW 50,000,000, to the Defendant on January 5, 2017, and the remainder of KRW 40,000,000 shall be paid up to January 20, 2017. If the Plaintiff delays the payment of the said amount, the Plaintiff shall pay the interest in arrears at a rate of 20% per annum from January 21, 2017 to the date of full payment.

3. In order to secure the above KRW 40,000,000, the Plaintiff performed the registration of creation of a mortgage to the Defendant, including the maximum debt amount of KRW 65,000,000,000, and the debtor’s relocation

4. In the event that the above KRW 40,000 is repaid, the Defendant shall implement the registration procedure for cancellation of the right to collateral security against the Plaintiff.

On January 5, 2017, the Plaintiff agreed with the Defendant on the following terms:

(hereinafter referred to as “instant agreement”). (e)

The Plaintiff on January 6, 2017 and January 9, 2017.

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