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(영문) 부산고등법원 2016.05.18 2014나53165
부당이득금반환
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

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

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment on the plaintiffs' allegations as follows, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

[Supplementary judgment] On the 8th judgment of the court of first instance, the following judgments are added to the 7th judgment.

The Plaintiff asserts to the effect that, “The above Sub-committee agreement leads to the Plaintiff’s purchase of housing in excess of the purchase price under the Rental Housing Act, and thus, the above sub-committee agreement is null and void.” The Plaintiffs asserted to the effect that the above sub-committee agreement is null and void, which is a mandatory law, even if the Plaintiffs, as a result, purchased housing in excess of the purchase price under the Rental Housing Act, this would not necessarily lead to the conclusion of the above sub-committee agreement, but rather, it would result in the Plaintiffs’ deduction of only part of the principal and interest that the Plaintiffs subrogated to the Defendant bank from the purchase price of housing in excess of the purchase price under the Rental Housing Act. As such, the above sub-committee agreement cannot be deemed as a deviation from the Rental Housing Act on account of such circumstances. The above argument by the Plaintiffs is without merit, the following judgment is added to the first instance judgment, if the first instance judgment of the first instance judgment is without merit.

The plaintiffs asserted to the effect that the plaintiffs' repayment of part of their loans to Defendant National Bank A constitutes a repayment by a person with legitimate interest, and thus, they exercise the right of indemnity against Defendant bankruptcy trustee.

In light of the above legal principles, in light of the above, the Plaintiffs, who made a subrogation to Defendant National Bank, a bankruptcy creditor, may exercise the right to indemnity against the Defendant bankruptcy trustee only when the entire creditor’s claims are extinguished.

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