부당이득금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, 4, 5 (including paper numbers), Eul evidence 1 and 2, and the entire purport of the pleadings:
On May 30, 2009, the debtor set and leased to the defendant the first floor and the second floor of the building located in Jung-gu Seoul Metropolitan Government and the second floor of the building located in C, which was owned by the defendant as KRW 2,000,000,000, and monthly rent of KRW 00,000. On June 30, 2009, the defendant completed the registration of establishment of lease deposit money of KRW 2,00,000,00 for the land and the building located in Jung-gu, Seoul and the building and the same as C in order to secure the above lease deposit claim.
(hereinafter referred to as “the lease of this case”) B.
The Defendant received dividends of KRW 48,059,191 on March 15, 2013 as a person having a right to lease on a deposit basis of land and buildings Seoul Central District Court D and E (Dual) in the case of a real estate auction.
C. Meanwhile, in the Seoul Northern District Court G case on June 2, 2015, F was awarded a successful bid for the land and buildings Seoul Jung-gu Seoul Northern District Court and completed the registration of ownership transfer on the said land and buildings on June 12, 2015.
The Defendant’s deposit money for the lease on a deposit basis for the land and building in Seoul, Jung-gu Seoul and the building located in the preceding paragraph shall be KRW 1,00,000,000 on January 28, 2016, and the same year.
2. 15.1,00,000,000 won in total and 2,00,000,000 won in return
E. In the above court’s rehabilitation case No. 2015dan1009, the District Court decided the commencement of rehabilitation procedure on June 22, 2015 with respect to the debtor A, and decided the rehabilitation plan on February 15, 2016, and decided the commencement of rehabilitation procedure on February 15, 2016 to be regarded as a custodian.
2. The Plaintiff asserted and determined that the Defendant owned the claim for refund of the deposit amounting to KRW 2,00,000,000 according to the instant lease, but received dividends of KRW 48,059,191 in the Seoul Northern District Court D case and received dividends of KRW 48,00,000 from F, January 28, 2016, and the same year.
2.15.15.1,000,000 won shall be paid and all 2,048,059,191 won shall be returned and in excess of 48,059,191 won.