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(영문) 울산지방법원 2017.06.13 2016가단8144
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 13, 2012, F and G, the owner of the Dong-gu E and seven lots (hereinafter “instant land”) located in Ulsan-gu, Ulsan-gu, and G, concluded a construction contract for the construction of a multi-household house (hereinafter “instant building”) on the ground of the instant land with the I Co., Ltd., which was actually operated by H, and a multi-household building on the instant land, and completed the registration of ownership transfer of the instant land while performing the construction work.

B. On January 23, 2014, J and Mapo Development completed the registration of preservation of ownership of each of the instant partitioned buildings, and on the same day, the Plaintiff, a son G’s model, established the right to collateral security (hereinafter “instant right to collateral security”) of KRW 2,80,000,000 per the maximum debt amount per household with respect to 24 households among the 37 households of the instant partitioned building in the instant case, as to the Plaintiff, who is the son G’s model, of KRW 120,000,000 per household.

C. Meanwhile, on November 10, 2014, Defendant D filed a provisional injunction against the disposal of the instant mortgage with the Ulsan District Court 2014Kahap830, Defendant B, on March 30, 2015, the Ulsan District Court 2015Kahap161, respectively, and received each of the following rulings:

(hereinafter) The provisional disposition based on each of the above quoted decisions is "the provisional disposition prohibiting the Disposition of Mortgage of this case" (the grounds for recognition). 【The fact that there is no dispute, Gap 1-11 evidence, Eul 1-9, Eul 1-11 evidence (including each number, hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment on the assertion

A. The Plaintiff asserted that the instant land and a building under construction was set up a collateral security right in order to sell the instant land and the building under construction to J, B, and B, as well as to secure the payment thereof. The Defendants failed to recover KRW 1.6 billion as the purchase price of the instant land and the building was applied for and executed an unfair provisional injunction against disposal of the instant collateral security right. The Defendants’ unjust enrichment.

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