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(영문) 인천지방법원 2019.06.11 2018나52801
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On April 20, 2017, the Plaintiff entered into a sales contract with E to purchase KRW 68,000,000 of the real estate listed in the separate sheet (hereinafter “instant real estate”) on April 20, 201, and completed the registration of ownership transfer on May 2, 2017.

3) In the above sales contract, G was involved in “F Licensed Real Estate Office’s work as a brokerage assistant. The Defendant introduced H from G to the said certified judicial scrivener office operated by the Plaintiff, and the Defendant requested H to the said certified judicial scrivener office for the registration of ownership transfer and the affairs related to the loan against mortgage. (B) On May 2, 2017, the Defendant: (a) on the instant real estate, set up a mortgage-backed claim amounting to KRW 57,120,000 with respect to the maximum debt amount; (b) on May 2, 2017, the Defendant received a loan equivalent to KRW 47,600,000 from Company I (hereinafter “I Bank”); (c) the said I Bank revoked its loan approval; and (d) the Defendant immediately returned the loan to the I Bank on May 2, 2017.

2) On May 8, 2017, the Defendant created a collateral security of KRW 54,00,000 with respect to the instant real estate, and obtained a loan of KRW 45,00,000 from the J Union. On the same day, the J Union completed the registration of creation of a collateral for the instant real estate. (C) Meanwhile, on the same day, on May 2, 2017, the Defendant received a remittance of KRW 8,000,000 from the K Bank L account in the name of the Plaintiff used by the said certified judicial scrivener office to the corporate bank M account in the name of the Defendant.

The above remittance act was in charge of N in the plaintiff's business.

2. On May 2, 2017, the Defendant: (a) the amount of KRW 8,00,000 to the Obank P Account in the name of G.

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