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(영문) 의정부지방법원고양지원 2017.05.26 2016가합1281

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 7, 2010, the Defendant acquired ownership as to the instant real estate (hereinafter collectively referred to as “instant real estate”), 30 square meters in total, 30 square meters in C, 796 square meters in width and its ground, D, 995 square meters in size and its ground, and E-road 194 square meters in size (hereinafter referred to as “each of the above land and buildings”).

B. Meanwhile, with respect to the instant real estate, F, who was transferred the part of KRW 226,602,934, out of the maximum debt amount among the right to collateral security, from the Pakistan-do Livestock Cooperatives (hereinafter “YY”) which is the right to collateral security, applied for a voluntary auction (hereinafter “instant third auction”) with respect to the said real estate by Goyang-gu District Court G (the claimed amount of KRW 226,602,934) on August 24, 2015. On October 26, 2015, F applied for a compulsory auction for the instant real estate (hereinafter “instant compulsory auction”) on the ground that the said real estate was based on the right to collateral security transferred as the right to collateral security and applied for a compulsory auction (hereinafter “instant compulsory auction”).

(The third auction and compulsory auction of this case were conducted together).

The defendant was established on July 30, 2010 after obtaining permission for establishment on August 10, 2010, and was dissolved on February 3, 2014.

I left directors with the defendant's power of representation since April 3, 2013, and from July 2, 2015, he was appointed as the defendant's liquidator.

I shall be above B.

In the process of the third auction and compulsory auction of this case with respect to the real estate of this case, as described in Paragraph (1), the plaintiff, I, and J jointly operate the K convalescent hospital located in the real estate of this case, and the plaintiff, I, and J shall jointly operate the K convalescent hospital located in the real estate of this case. The plaintiff shall pay an investment amount of KRW 400 million and terminate the third auction procedure of this case with the money of this case.

I, upon receiving a bank loan after the termination of the above auction procedure, transfers the ownership of the instant real estate to the Plaintiff, and the Plaintiff will contribute the said real estate to the medical corporation newly established.

A medical corporation shall be operated.