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(영문) 광주지방법원목포지원 2017.08.24 2016가합221
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On May 6, 2004, the Plaintiff completed the registration of the establishment of each of the instant units of land (hereinafter “H land of this case”) on the land on five lots of five lots of land in Yongan-gun, Chungcheongnam-gun, D, E, F, and G (hereinafter “the land of this case”).

(2) On December 14, 2004, the Plaintiff completed the registration of the establishment of each of the maximum debt amounts of KRW 300 million against the Defendant on the registration of the establishment of the creation of the mortgage over the maximum debt amount of KRW 300 million. Also, on February 2, 2005, the Plaintiff completed the registration of the establishment of each of the maximum debt amounts of KRW 300 million against the Defendant on the land of wooden City (hereinafter “instant I”).

(2) The registration of the establishment of a neighboring mortgage in the above paragraphs (1) and (2) refers to the "registration of the establishment of a neighboring mortgage of this case".

The instant agreement and the J’s subrogation 1) On May 19, 2008, the Plaintiff and the Defendant paid KRW 2,496,750,000 to the Defendant and arranged all the existing obligations and obligations (hereinafter “instant agreement”).

1) The main contents of the instant agreement are as follows. 1. The instant agreement is based on the premise that the Plaintiff sells the land owned by the Plaintiff to a third party and provides funds. Thus, if the Plaintiff failed to provide funds due to the failure to sell the said land or to pay the agreed amount by the due date for payment of the agreed amount stipulated in paragraph (2) below, it is confirmed that the instant agreement is null and void. 2. The amount of the agreed amount is 2,496,750,000 won (Provided, That the above amount includes interest as of May 31, 2008, and if the said period is extended, the parties shall adjust the interest within the minimum scope.

The plaintiff shall pay the above agreed amount to the defendant by June 30, 2008.

3. The plaintiff shall pay the above agreed amount to the defendant within the above period.

4. The defendant's performance

A. At the same time, the Defendant received the above agreed amount from the Plaintiff, and at the same time, against the Jeonnam-gun L, Jeonnam-gun, and twenty-eight parcels owned by the Plaintiff.

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