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(영문) 광주지방법원 2016.07.22 2015나55515
부당이득금 등 반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. E through D’s loan 1) F’s purchase of land and offering of security D’s offering of F’s purchase of land (hereinafter “F’s purchase of land”) is a F 658m2, Jeonnam-gun, Seo-nam on November 18, 2010 (hereinafter “F”).

A) After completing the registration of ownership transfer with respect to F land on the same day, the registration of ownership transfer is completed, and the maximum debt amount of F land is KRW 350,000,000, the debtor J, and the debtor J, and the debtor J, and the mortgagee’s M&C

(2) On December 9, 2010, D’s purchase of K’s land and provision of security completed the registration of ownership transfer as to K’s 391 square meters, M farm site 1,922 square meters, and N 458 square meters (hereinafter collectively referred to as “K’s land”). On the 10th of the same month, D’s establishment of a mortgage registration, which is the debtor P, the debtor, the mortgagee, the mortgagee, the mortgagee, and the maximum debt amount of 650,00,000,000 won, and the debtor, the debtor, the right to collateral security, and the right to collateral security, was completed, respectively.

(2) On March 14, 201, 200 square meters prior to AL (hereinafter “AL land”) 194 square meters for the purchase of the AL land and the offering of collateral, referring to the registration of the establishment of each of the above neighboring areas (hereinafter “K-mortgage”).

A) After completing the registration of ownership transfer with respect to the same day, the registration of ownership transfer was completed, the maximum debt amount of KRW 224,00,000, the debtor J-mortgage, and the establishment of a mortgage on the Defendant’s neighboring mortgage (hereinafter “AL land”).

(B) D on June 28, 201, D’s ground (hereinafter “instant land”) AL, K, and F land (hereinafter “instant land”). On the same day, D’s registration of preservation of ownership was completed with respect to the instant gas station, etc. on the same day.

2) Thereafter, on July 7, 201, D completed the registration of the establishment of a neighboring station on each of the instant land, which added it to the instant gas station as a joint collateral for the instant land (hereinafter “instant gas station”).

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