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(영문) 창원지방법원 2015.02.10 2014나4570

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, and the designated parties are lessees of the multi-family house on the H ground of Daegu-gu H (hereinafter “instant house”) and their lease details are as follows.

(1) On December 27, 200, 20. 20. 1 to 3. 8. 20. 20, 20. 1 to 4. 20. 8, 20. 1 to 4. 20. 20, 200, 50. 20 to 4. 20. 1 to 3. 20, 208, 20. 1 to 3. 14, 20, 20. 1 to 4. 20, 20. 1 to 3. 5, 20, 200, 230, 230, 200. 15, 201 to 3. 10, 201, 3. 20, 205 to 3. 10, 201, 3. 10, 201

On April 24, 2008 with respect to L portion among the instant housing, Daegu-gu H land, and Daegu-gu KK’s land, the establishment registration of a mortgage was completed on April 24, 2008 with respect to the instant housing, the maximum debt amount of KRW 260,00,000,000, the establishment registration of a mortgage as an agricultural cooperative against the mortgagee, the maximum debt amount of KRW 168,000,000 on July 24, 2008, and the establishment registration of a mortgage as an agricultural cooperative against the mortgagee was completed.

C. On the basis of each of the above collective security rights, the agricultural cooperative filed an application for voluntary auction of the instant housing, etc. with the Daegu District Court M, and on August 31, 201, rendered a voluntary decision to commence the auction of the instant housing, etc.

The Daegu District Court has determined the amount to be actually distributed as KRW 617,718,357 and has paid dividends as shown below.

J 19,000 lessee of small amount J 1 J. 19,000.