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(영문) 서울서부지방법원 2017.06.07 2016가단8186
부당이득금반환
Text

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

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

Reasons

1. Basic facts

A. On April 4, 2007, the Plaintiff was divided from the Defendants into 9,918 square meters of the Gangwon-do Hongcheon-gun D Forest in Hongcheon-gun in Hongcheon-do and 7,248 square meters of the Hongcheon-do and 2,670 square meters of J forest;

E The 1/2 shares of 492 square meters, F 780 square meters, G 2734 square meters (hereinafter “instant land”) were purchased in the amount of KRW 390 million.

(hereinafter “instant trade”). (b)

As to the instant land on March 25, 2008, Defendant B created a right to collateral security with the maximum debt amount of KRW 3220 million in the future of the Domin Mutual Savings Bank, Inc. (hereinafter “Nonindicted Bank”), and offered as collateral a loan from Nonparty Bank totaling KRW 230 million (= KRW 200 million) from Nonparty Bank on March 31, 2008.

At the time of the above loan, the Plaintiff jointly and severally guaranteed Defendant B’s above loan obligations to the Nonparty bank.

C. Since then, Defendant B delayed the repayment of the above loan obligation, the bank applied for voluntary auction on the instant land to Chuncheon District Court HH.

Accordingly, on February 2, 2010, the Plaintiff subrogated for the principal and interest of KRW 259,452,601, and accordingly, the bank withdrawn the above application for auction on February 4, 2010.

The same month

3. The non-party bank transferred the right to collateral security on the instant land.

On the other hand, the Plaintiff completed the provisional registration of 1/2 shares of the instant land (right to claim ownership transfer) after the sale and purchase of the instant land, and completed the provisional registration after the sale and purchase of the instant land, and completed the provisional registration at the same time as the establishment of the said right to collateral security (right to claim ownership transfer).

The registration of ownership transfer is completed on February 9, 201 by Hongcheon District Court, Hongcheon District Court, Hongcheon District Court, which received on February 9, 2011.

E. Since then, the Plaintiff filed an application for voluntary auction with respect to the Defendants’ share in the instant land (Defendant B B 1/4, Defendant C 1/4) on the ground that Defendant B did not have repaid the said subrogated amount.

(I) On January 20, 2014, the Plaintiff was the Defendants at the above auction procedure.

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