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(영문) 수원지방법원 2018.02.21 2016가단541297

부당이득금

Text

1. Defendant D shall pay to the Plaintiff KRW 5,00,000 and the interest rate of KRW 15% per annum from December 5, 2016 to the date of full payment.

Reasons

1. Basic facts

A. F, G, and H completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 35461,00,000 on March 15, 2012, with respect to the housing of four stories above land (hereinafter “the instant building”) out of J in Sung-si, the G, and H, as the maximum debt amount of KRW 35461,00,000,000.

B. F completed the establishment registration of a neighboring maximum debt amount of KRW 200 million on March 15, 2012, No. 35462, regarding the building of the instant case, the Suwon District Court Seosung District Court rendered its registration of establishment.

C. K completed the registration of the establishment of a mortgage over the instant building by the Suwon District Court, the Sungsung District Court No. 35463, Mar. 15, 2012, the maximum debt amount of KRW 50 million, as to the instant building.

L, as to the building of this case, the Suwon District Court rendered the registration of the establishment of the establishment of the neighboring mortgage of KRW 65 million with the maximum debt amount received on March 15, 2012, No. 42718, Mar. 15, 2012

E. M completed the registration of the establishment of a neighboring mortgage of KRW 146.9 million with respect to the instant building by the Suwon District Court Seosung District Court No. 42719, Mar. 15, 2012.

F. On April 2, 2012, N completed the registration of the establishment of a neighboring mortgage of KRW 100 million with respect to the instant building.

G. On August 8, 2012, the Seocho Saemaeul Community Fund completed the registration of the establishment of a mortgage of KRW 319,200,000,000,000 for the instant building.

(hereinafter referred to as the “mortgage”) H.

The Austria Asset Management Co., Ltd. was transferred from the Seocho Saemaul Community Fund to complete the supplementary registration of the transfer of the right to collateral security on December 12, 2014. The Plaintiff completed the supplementary registration of the transfer of the right to collateral security on December 12, 2014 after receiving the transfer of the right to collateral security from the management of the right to collateral security.

I. On March 20, 2015, the Korea Savings Bank completed the registration of establishment of a pledge right of collateral security with the Plaintiff and the Plaintiff’s claim amount of KRW 319,200,000 as to the instant collateral security.

B. On October 29, 2013, the decision of voluntary commencement of auction was rendered by the Suwon District CourtO on the instant building, and the registration of commencement of auction was completed on October 29, 2013.