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(영문) 서울고등법원 2016.07.21 2015나2070387
부당이득금
Text

1. The plaintiff's appeal is 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. Status 1 of the parties, etc. 1) Net C (hereinafter “the deceased”).

(2) On October 1, 2005, as the Plaintiff’s father and the Defendant’s mother, died on or around October 1, 2005. 2) The Plaintiff is the Defendant’s wife, and the Defendant is the Defendant’s husband, who is the Plaintiff’s husband.

B. On December 30, 1997, the deceased, such as the preparation and delivery of a loan certificate against the Defendant, prepared and delivered a loan certificate stating that the deceased borrowed KRW 200 million from the Defendant on a yearly basis and due date set on December 30, 1999 (hereinafter “the loan certificate of this case”).

C. On December 11, 1998, the Deceased’s establishment of a collateral security right and transfer of ownership against the Defendant, etc. (1) On December 11, 1998, the forest land listed in paragraph (1) of the annexed Table No. 1 of the annexed Table No. 1 in annexed Table No. 1 was divided into 15,080 square meters of J forest and P forest and 9,218 square meters of forest (hereinafter “instant forest”).

(2) On January 12, 2000, the deceased completed the registration of transfer of ownership on the forest of this case on the ground of sale on January 10, 200, and on August 10, 200, each land listed in Schedule 2 through 4 of the annexed Table No. 2 of the annexed Table No. 1 (hereinafter “each of the instant real estate”) and the land of this case listed in Table No. 2 through No. 4 of the annexed Table No. 1 of the Chungcheong City on August 10, 200 (hereinafter “the forest of this case”) and the 226m26m2 prior to the registration of transfer of ownership on August 22, 200.

The progress of the relevant case 1) El branch Credit Card Co., Ltd. (hereinafter “EL branch Credit Card”)

A) On April 18, 1997, the Cheongju District Court rendered a decision of provisional seizure of real estate regarding the forest of this case as the Chungcheong District Court Decision 97Kahap220 on April 18, 1997, and on April 21, 1997, the provisional seizure registration consisting of KRW 31,273,788 in the amount claimed as to the forest of this case (hereinafter “registration of provisional seizure”).

The court completed the proceedings.

However, even after the Defendant transferred the ownership of the forest of this case, the Plaintiff, who had been a de facto debtor, was the EL Credit Card.

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