부당이득금
1. The Defendants are the Korea Asset Management Corporation, Daegu Northern District Headquarters Management Number C.
1. On August 4, 2015, the following facts were seized: “Nos. 101, 102, and 103 of the first floor D 1, 103 (hereinafter “instant 103 shop”); 104 (hereinafter “instant 105 shop”); 105 (hereinafter “instant 105 shop”); and “Nos. 106, 201, 301, 302, and EF, and G”; on April 20, 201, the Korea Asset Management Corporation entrusted the public sale of each of the above real estate to which the public sale business was entrusted by the Si of Busan; and thereafter, the public auction registration was completed on April 20, 2016 by the Korea Asset Management Corporation (hereinafter “instant public auction procedure”).
In the public sale procedure of this case, the Plaintiff as a mortgagee, and Defendant A as the lessee of the commercial building No. 103 of this case, and Defendant B demanded to report and distribute the amount of KRW 20,000,000 as the lessee of the commercial building No. 104 of this case and the commercial building No. 105 of this case, and KRW 20,000,000 as the lessee of the commercial building No. 104 of this case and the commercial building No. 105 of this case.
On December 7, 2016, the head of the Daegu-Gyeongbuk District Headquarters made a distribution statement (hereinafter referred to as the "distribution statement of this case") with respect to the amount of 651,109,610 won to be distributed from the date of allocation of the public auction procedure of this case to Defendant A as the second having the right to distribute each amount of 7,50,000 won to Defendant B, and the amount of 7,500,500 won and 7,500,000 won to Defendant B as the third having the right to distribute each amount of 494,107,213 won to the Plaintiff as the third having the right to distribute each of them.
On December 7, 2016, H filed the instant lawsuit on December 13, 2016, when the Defendants were the most lessee and raised an objection to the said distribution statement.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers if there are branch numbers), the purport of whole pleadings
2. The parties' assertion and judgment
A. (1) The summary of the Plaintiff’s assertion.