logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원(전주) 2016.03.24 2015나100476
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The parties concerned are the plaintiffs themselves, and the defendant is the persons who are the former spouse D of the plaintiff A.

Plaintiff

A was married on April 10, 1995 with D and divorced on October 31, 2012.

B. The plaintiffs and the defendant trade in real estate 1) The plaintiffs are each real estate listed in the separate sheet from E on February 28, 2001 (hereinafter "each real estate of this case").

(2) On October 25, 2010, Plaintiff B completed the registration of ownership transfer with respect to one’s own shares on the ground of sale as of October 25, 2010, and sold it to the Defendant on August 10, 2012. Plaintiff B completed the registration of ownership transfer with respect to one’s own shares. Plaintiff A completed the registration of ownership transfer with respect to one’s own shares on August 10, 2012 due to the sale as of August 9, 2012.

(2) The Plaintiff and the Defendant, each of the instant real estate, sell and purchase the instant real estate between the Plaintiff B and the Defendant, and sell and purchase the instant real estate between the Plaintiff A and the Defendant as “the instant 2 sale,” and each of the instant sales collectively referred to as “each of the instant sales”).

On the other hand, while the plaintiffs were holding each of the real estate in this case, they received a loan from the Korea Saemaul Bank in the Chonam village as security, the details are as follows.

1) On August 5, 2004, the plaintiffs were indicted against the Jeonju District Court for the whole real estate of this case on August 5, 2004 (the maximum debt amount of KRW 140,000,000) and the debtor completed the registration of creation of a neighboring mortgage of the plaintiff Gap as the debtor, the plaintiff Eul as the surety, and the plaintiff Eul as the surety and borrowed KRW 80,000,000 on August 10, 204 to the Choju Saemaul Bank for additional loans. 2) In order to obtain the additional loans, the plaintiffs were to obtain the loans from the Jeonju District Court for the total debt amount of KRW 70,00,000,000 from the Jeonju District Court for each of the real estate of this case and the debtor became the plaintiff A.

arrow