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(영문) 서울서부지방법원 2015.04.27 2014가단215089
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. The Plaintiff entered into each credit guarantee contract on March 15, 2004 and April 29, 2004 with the Plaintiff Co., Ltd. (the representative C, hereinafter referred to as “B”), and C and D (which seem to be the wife of C) jointly and severally guaranteed obligations under the above credit guarantee agreement. B submitted each credit guarantee certificate issued by the Plaintiff and received loans from the Industrial Bank of Korea.

B. On April 7, 2004, the registration of ownership transfer was made in the name of D on April 7, 2004 with respect to the second apartment Nos. 206 (hereinafter referred to as the “E apartment”) in Gyeyang-gu, Seoyang-gu, Seoyang-gu. The registration of ownership transfer was made to F on May 26, 2008 on the ground of the sale by compulsory auction.

C. On July 26, 2005, the Defendant completed the registration of ownership transfer on July 26, 2005, on the ground of the sale on June 20, 2005 with respect to Yongsan-gu G Apartment 101 Dong 1603 (hereinafter “instant apartment”). D.

B A. On March 22, 2006, the party branch was established. On April 21, 2006, the Plaintiff subrogated for KRW 138,754,273 to the Industrial Bank of Korea on April 21, 2006, and thereafter, the Plaintiff filed a claim for reimbursement amount of KRW 138,754,273 against B, C, etc. under the Seoul Central District Court 2006Da303085, and subsequently became final and conclusive after the judgment was rendered that “B, C, jointly and severally, shall pay to the Plaintiff the amount of KRW 78,051,135, and KRW 76,442,03 from April 21, 2006 to February 23, 2007, and the amount of KRW 20% per annum from the next day to the date of full payment.”

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant is the relative of C, and even though several recommendations were provisionally attached to E Apartment owned by C, the defendant made a move-in report to E Apartment on August 8, 2007, and the provisional attachment was made on October 2, 2007 with the claim amounting to KRW 150 million on the provisional attachment on October 2, 2007, and even though the owner was changed, the defendant resided in the E Apartment owned by D until March 15, 2010.

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