logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.21 2014가단254575
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 13, 2012, the Plaintiff loaned KRW 20,000,000 to C Co., Ltd. (hereinafter “Nonindicted Company”) with interest rate of KRW 30,000 per annum and maturity of February 28, 2013; ② KRW 12,50,000 per annum interest rate of KRW 30% per annum and maturity of payment on January 31, 2013; and at that time, D, the actual operator of the Nonparty Company, guaranteed each of the above loans owed to the Plaintiff of the Nonparty Company within the limit of KRW 26,00,00 per five years, respectively.

B. On July 2013, Nonparty Company completed multi-household housing of 4 stories on the land of Cheongju-si (hereinafter “multi-household housing in this case”) and completed registration of preservation of ownership in F’s name on July 18, 2013 for multi-household housing in this case.

C. Meanwhile, with respect to the payment of construction cost to construction business operators, etc. who participated in the new construction of the instant multi-household housing (hereinafter “multi-household housing”), the non-party company transferred the ownership of four households among the instant multi-household housing to some creditors, instead of the payment of construction cost, and the other creditors intended to provide the remainder of eight households among the instant multi-household housing as collateral to the financial institutions. The non-party company, the owner of the instant multi-household housing, the non-party company, and D, who is the owner of the instant multi-household housing, cannot obtain a loan from a financial institution due to bad credit standing. Of the instant multi-household housing, the non-party company, the non-party company, and the non-party company, the owner of the instant multi-household housing, were unable to obtain a loan from the financial institution. As to the instant multi-household housing, the non-party company provided loans to each of the above financial institutions as collateral after completing the registration of ownership transfer in the name of G, 401, and 402 non-Dong (hereinafter “instant housing”).

Accordingly, among multi-household housing in this case on July 18, 2013, among multi-household housing in this case, sales are made on July 12, 2013 in the name of G in relation to 202, 302, 201, 301, 401, 401, 401 in the name of G in relation to the housing in this case, and in the name of the defendant in relation to the housing in this case.

arrow