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(영문) 제주지방법원 2019.10.22 2018가단8209
부당이득금 반환
Text

1. The defendant is in accordance with the distribution procedure of the Jeju District Court C real estate auction case to the plaintiff.

Reasons

1. Basic facts

A. 1) An agricultural company D Co., Ltd. (hereinafter “D”) is limited to the execution of a sales contract with D Co., Ltd. and Defendant

(A) On March 11, 2015, the Plaintiff and the Defendant-owned, are 3221.6 square meters of the area before the cadastral resurvey (3207 square meters of the area before the cadastral resurvey on December 29, 2017; hereinafter “instant land”).

(2) On May 28, 2015, D concluded a contract to purchase KRW 278,00,000 for purchase, and on May 28, 2015, D received a loan of KRW 300,000 from the F Association. Upon D’s request, the Defendant entered into a mortgage agreement with the F Association to secure the above loan obligations with respect to the instant land, and on May 28, 2015, the F Association concluded a mortgage agreement with the F Association to purchase KRW 390,000,000 with respect to the instant land and completed the mortgage registration (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed or the mortgage registration of the instant land”).

On the other hand, D around March 11, 2015, purchased from G (the Defendant’s wife) 2,162 square meters prior to H, and from G 226 square meters prior to J (D did not complete the registration of ownership transfer as to the land of other two parcels) in addition to the instant land. The instant collateral security was not only the instant land, but also the joint collateral of 2,162 square meters prior to H and 226 square meters prior to J.

(2) On May 29, 2015, the provisional registration of the right to claim ownership transfer (hereinafter referred to as the “provisional registration of this case”) based on the “pre-contract for sale and purchase as of May 28, 2015,” as to the instant land on May 29, 2015, is the provisional registration of the right to claim ownership transfer (hereinafter referred to as the “provisional registration of this case”).

B) On August 4, 2015, the additional registration D prior to the provisional registration of the instant case was partially transferred to the Plaintiff’s right to claim ownership transfer (hereinafter “mortgage transfer agreement”) with respect to the share of 175/3207 out of the instant land, which is the right under the provisional registration of the instant case.

After the conclusion of B, August 7, 2015, Plaintiff 175/3207 out of the instant land.

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