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(영문) 울산지방법원 2014.08.14 2012가합8495

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 February 17, 2010, the Defendant established the right to collateral security (hereinafter “instant right to collateral security”) against the maximum debt amount of KRW 150,000,000, the debtor C and the mortgagee of the right to collateral security (hereinafter “mortgage”).

C) As the Defendant was unable to repay the secured debt of the instant right to collateral security, on April 22, 2010, the Defendant applied for voluntary auction procedure based on the instant right to collateral security, and on April 23, 2010, the Ulsan District Court decided to commence the auction procedure for real estate E on April 23, 2010.

(hereinafter “Voluntary Auction Procedure”). (b)

On September 16, 2010, the Ulsan District Court notified the Defendant of the minimum sale price of the instant real estate that all the burden and procedural costs of the real estate that takes precedence over the Defendant’s claim should be reimbursed. Thus, if the auction procedure is to continue, the application for purchase should be filed.

C. The Defendant, who served as the chief executive officer of the legal office operated by the Plaintiff, consulted F on the procedure of voluntary auction in this case, and decided to file an application for purchase of the instant real estate.

On October 1, 2010, the Defendant remitted KRW 160,000,000 to an account under the F’s name as an auction deposit for the instant real estate.

E. On October 1, 2010, F submitted to the Ulsan District Court an application for the purchase of real estate surplus value, and paid only KRW 105,475,00 out of KRW 160,00,00 which was received from the Defendant as an auction deposit, and received a refund of KRW 105,475,000 without the Defendant’s permission on November 9, 2010.

F. On November 2010, the Defendant: (a) paid only part of the money received from the Defendant as an auction deposit; (b) was aware of the fact that the Defendant’s future refund was made; and (c) resisted to F.

G. Meanwhile, the Plaintiff was delegated by G with the Ulsan District Court H case, etc., and the Plaintiff was proceeding with said case. However, F was without permission from the Plaintiff and G on December 9, 2010.