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Reasons
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(영문) 광주고등법원(전주) 2017.05.18 2016나11122
부당이득금
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1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From the beginning of February 3, 2015, the Plaintiff: (a) from the beginning of February 2014, Qu-gu, Jeonju-si, Qu-gu, Qand 5,142 square meters and RJ 87 square meters (hereinafter “G Dong land”); and (b) the Plaintiff’s total land is “G Dong land.”

2) On the ground sub-loan (hereinafter referred to as “GGG loan”)

(2) On February 3, 2015, the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to the land of Gdong was completed on October 23, 2014 while the new construction was being carried out.

B. The Defendant, around March 2015, agreed to implement the agreement and the establishment of the instant mortgage (hereinafter “instant agreement”) with D(Resignation on April 7, 2016) and C’s joint and several sureties, which had been the representative director of the Plaintiff and his spouse, agreed to perform the agreement as follows (hereinafter “instant agreement”).

(1) On February 3, 2015, the Defendant cancelled the registration of creation of a mortgage on Gdong land owned by the Plaintiff. 2. The Plaintiff shall pay KRW 50 million to the Defendant on condition that the said registration of creation of a mortgage was cancelled, and the KRW 50 million shall be paid at the same time as the cancellation, and the KRW 50 million shall be paid to the Defendant’s prior bank account by March 25, 2015. 3. The Plaintiff shall pay KRW 250 million to the Defendant by April 9, 2015. If the Plaintiff did not pay by the said deadline, the payment shall be deemed to have lost the benefit of time and KRW 250 million shall be deemed to have been made, and the amount equivalent to KRW 30 million per annum from April 10, 2015 to the date of full payment, KRW 300,000,000 to the Defendant, KRW 300,000,000 per annum 30,000,000.

5. The defendant is against the plaintiff 3.

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