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(영문) 전주지방법원 정읍지원 2018.10.23 2017가단2425
부당이득금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 29,316,389 to the Defendant (Counterclaim Plaintiff) and its related amount from September 8, 2017 to October 23, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff and C are children of D.

D, the mother of the plaintiff, was divorced from the defendant around 2007 and divorced around 2016.

On April 6, 2012, F, such as the sale and purchase of gas stations, completed the registration of ownership transfer in the future of the Plaintiff on the ground of sale on March 15, 2012 with respect to the land of 993 square meters and its ground (hereinafter referred to as “E gas stations”) located in the area of Gu gas stations G in Jeon-gun, Jeonbuk-gun, Jeonbuk-gun, Seoul, for one’s own ownership.

At the time of the conclusion of the above sales contract, the right to collateral security (hereinafter referred to as the “mortgage 1”) was established with respect to the E-ownership claim, which is KRW 460,000,000 (hereinafter referred to as the “mortgage 1”). After which, on April 19, 2012, the Defendant loaned KRW 460,000,000 from the I Cooperatives as collateral for the E-ownership claim, repaid the Defendant’s loan obligations worth KRW 300,000,000 (hereinafter referred to as the “F”) and cancelled the registration of establishment of collateral security.

On the other hand, the Defendant borrowed KRW 460,00,000 from the I Cooperatives as collateral, and on April 17, 2012, the Defendant created the right to collateral security (hereinafter “second right to collateral security”) with respect to the Ejuri station, which is KRW 644,00,000, with respect to the Ejuri station as collateral. On July 24, 2017, the debtor of the said right to collateral security was changed to D on July 25, 2017.

On June 1, 2014, the Plaintiff entered into a contract with the former North Korean branch of the J Co., Ltd. (hereinafter “J”) under which the terms of lease to J (hereinafter “instant lease contract”) were three years from June 1, 2014 to May 31, 2017, setting the lease term of KRW 2,000,000, deposit money for lease, and the lease term of KRW 100,000,000.

L on the sale of the K gas station shall be registered for the transfer of ownership of M land and its ground buildings (hereinafter referred to as the "K gas station") around 200, by reason of sale and purchase.

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