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(영문) 울산지방법원 2015.02.13 2014가단60254
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. (1) On October 14, 201, the Defendant loaned a loan of KRW 160 million to Nonparty B (on October 14, 2016, the repayment date) to Nonparty B.

(2) On October 14, 201, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant land”) with respect to “429 million won in maximum amount of credit, the mortgagee of a right to collateral security, the Plaintiff of a right to collateral security, and the debtor B,” as of the Ulsan-gu, Ulsan-gu, Seoul (the land category of which was changed on September 27, 2012, to a site; hereinafter the same shall apply) owned by B, in order to secure the above principal and interest claim as well as the principal and interest claim of loans

(3) Around March 15, 2012, the Defendant extended additional loans of KRW 40 million to B (on March 15, 2017), KRW 20 million (on April 18, 2017), around April 18, 2012 (on June 1, 2012), KRW 85 million (on June 1, 2017), around June 1, 2012 (on June 1, 2017), and KRW 25 million (on July 17, 2017) around July 17, 2012.

(hereinafter referred to as “each of the instant loans”). Each of the instant loans includes an agreement on interest agreements and agreements on the repayment of part of each of the principal and interest monthly.

(4) B completed the preservation registration on November 8, 2012 by newly building three-story houses on the ground of the instant land (hereinafter “instant building”).

In addition to the establishment registration of the above neighboring mortgage on the instant land on November 12, 2012, the Defendant completed the registration of the establishment of additional mortgage on the instant building, “the maximum amount of claims 429 million won, the mortgagee, the Plaintiff, and the debtor B,” as to the instant building.

(B) The registration of the establishment of a neighboring mortgage on the instant land, building, etc. (hereinafter referred to as the registration of the instant floating mortgage).

The Plaintiff completed the registration of transfer of ownership on March 22, 2013, based on each of the “transaction on March 21, 2013” with respect to the instant land and buildings.

C. On July 15, 2013, the Plaintiff expressed its intention to “to pay the principal and interest of each of the instant loans by subrogation,” but the Defendant cannot receive the Plaintiff’s subrogation.

‘The meaning of ‘' was clarified and rejected.

The defendant around March 2014, on the land and building of this case.

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