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(영문) 대전지방법원 2015.10.16 2015나103379

부당이득금

Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in the trial, the defendant 6.

Reasons

Basic Facts

Daejeon National Credit Union (hereinafter “Plaintiff”) was merged on April 24, 2014. On November 8, 2010, loaned 231,000,000 won to national logistics enterprises, Co., Ltd. (hereinafter “BD enterprise logistics”), which is owned by national logistics enterprises, and completed the registration of creation of a mortgage No. 231,00,000, Daejeon District Court No. 157-6, 1618, 1704, 1704, 1712, 1802, 1803, 1806, 1807, 1821 (hereinafter “1 real estate”) with the maximum debt amount of KRW 20,00,000,000, Daejeon District Court No. 20160, Jun. 23, 2010, Daejeon District Court No. 20140, Jun. 1, 206. 206

On February 6, 2013, the Plaintiff filed an application for a voluntary auction of real estate based on the right to collateral security with the Daejeon District Court No. 1 and 2, and each auction was conducted on February 7, 2013. The Defendant seized real estate No. 1 and 2 on September 26, 201. At the time of seizure, the amount in arrears was KRW 64,540,210.

On February 18, 2013, the period of demand for distribution, which was before April 24, 2013, the period of demand for distribution of real estate No. 1, the Defendant filed a claim for delivery on February 18, 2013 with respect to the auction ( Daejeon District Court A) on real estate No. 1. The said court distributed the pertinent tax amount of KRW 1,163,049 to the Daejeon Dong-gu, Daejeon for the amount of KRW 28,200,396, which is the date of distribution, and KRW 27,037,347 to the Defendant, respectively.

On February 18, 2013, the period of demand for distribution, which was before April 24, 2013, the Defendant requested the Daejeon East-gu for the auction on real estate No. 2, and on December 30, 2014, the said court filed a request for the delivery of KRW 32,776,750, which is the date of distribution.