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(영문) 대구고등법원 2020.05.21 2019나25586
부당이득금
Text

1. Claim 438,715,833 of the instant lawsuit, the exchange of which was changed in this court, and any damages for delay.

Reasons

1. Basic facts

A. On September 27, 2006, the Defendant entered into a sales contract with C on September 27, 2006, under which KRW 1,653/10,000 of the amount of KRW 10,000,00 of the amount of KRW 215,00,000 in the purchase price, and completed the registration of ownership transfer on September 29, 2006.

Before subdivision, D land was divided into 8,347 square meters prior to D on October 20, 2006 (hereinafter “D land”) and 1,653 square meters prior to E, and 1,653 square meters prior to D land (hereinafter “E land”). The ground for partition of co-owned property was, D land was, and D land was, solely owned by the Defendant on October 30, 2006, respectively.

On October 30, 2006, the Defendant entered into a sales contract with C to purchase D land in the purchase price of KRW 995 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer in the name of the Defendant on November 17, 2006.

B. On October 30, 2006, the Defendant borrowed a loan of KRW 154 million (hereinafter “F”) from the F Association (hereinafter “F”), and completed, as regards the land E, the registration of creation of a neighboring mortgage of KRW 215.6 million (hereinafter “loan”) from F on November 17, 2006, to secure the loan of KRW 800 million (hereinafter “loan from November 17, 2006”), and completed, as regards the land D, the registration of the establishment of a mortgage of KRW 1120 million (hereinafter “F”) with the maximum debt amount of KRW 1120 million (hereinafter “loan from November 17, 2006”).

On March 13, 2008, the defendant set up each additional collateral security for loans of KRW 154 billion on the land of KRW 150 million on the land of the F, and each additional collateral security for loans of KRW 800 million on the land of E.

On the other hand, each of the instant lands is a trade name after the change of the maximum debt amount on December 6, 2007, 560 million won, the debtor, the defendant, the mortgagee, the mortgagee F, the maximum debt amount on February 27, 2009, the debtor, the debtor, and the mortgagee-mortgage F, the debtor, and the mortgagee-mortgageF.

(b) shall not be more than 1:

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