부당이득금반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) and B, the K-si C Apartment.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 30, 2013, the Korea-U.S. Insurance Co., Ltd. filed an application for voluntary auction on the instant apartment on the ground of the registration of the establishment of a neighboring mortgage that was completed with the maximum debt amount of KRW 156 million with respect to the C Apartment 103, 1101 (hereinafter “instant apartment”) owned by the Gu-si Government Co., Ltd., on the ground of the registration of the establishment of a neighboring apartment that was completed with the maximum debt amount of KRW 156,00,000.
B. Meanwhile, on November 12, 2012, AD Savings Bank completed the establishment registration of a mortgage on the apartment of this case, which constituted the maximum debt amount of 65 million won as to the instant apartment. On July 9, 2014, in the said auction procedure, it completed the additional registration of the transfer of the right to collateral security while transferring the right to collateral security to a loan company, and on July 9, 2014, the said loan company established a pledge on the Defendant’s right to collateral security on the said loan.
C. In the instant auction procedure, the Jung-gu District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 29,220,00, out of KRW 193,119,634, the remainder of KRW 193,119,634, excluding expenses, etc., to be distributed on October 20, 2014, to the Do branch office of the National Health Insurance Corporation, the issuing authority, who is the issuing authority, and that KRW 1,228,70, 154,920, to the Korea Commercial Accident Compensation Insurance Co., Ltd., which is the requesting obligee, and KRW 36,795,794, which is to be distributed to the Defendant who is the pledgee of the right to collateral security, and the Plaintiff who claimed as the lessee of the instant apartment, who demanded a distribution, shall be excluded from the distribution of dividends.
On July 3, 2013, the Plaintiff drafted a lease agreement under the above lease agreement (hereinafter “instant lease agreement”) from July 4, 2015 to July 3, 2015, setting the lease deposit amount of KRW 27 million as a brokerage of E real estate located in Bupyeong-gu, Bupyeong-gu, Seoul, and the lease term of KRW 47 million from July 4, 2015 to July 3, 2015.
E. On July 8, 2013, the Plaintiff filed a move-in report on the instant apartment.