beta
(영문) 청주지방법원 충주지원 2018.11.28 2018가단20944

부당이득금

Text

1. The Defendant’s seizure of the claim by subrogation against the Plaintiff and the Cheongju District Court Decision 2018Tju 67.

Reasons

1. Facts of recognition;

A. On May 28, 198, the Plaintiff is the owner of the pertinent land who completed the registration of ownership transfer with respect to the size of 926 square meters prior to Cheongju-si, Cheongju-si.

B. From April 1994 to June 6, 1994, the Defendant lent a total of KRW 118 million to E (hereinafter “instant loan claim”) and the Plaintiff’s ownership to secure the above loan claim.

As to the land indicated in the claim, as the Cheongju District Court No. 11815, Apr. 28, 1994, received on April 28, 1994, concluded the registration of establishment of a collateral security (hereinafter collectively referred to as the “each of the instant collateral security claims”) with the Cheongju District Court No. 19928, Jul. 4, 1994, on the ground of the registration of establishment of a collateral security right as the Cheongju District Court No. 25,00,000 won, the debtor, the Plaintiff, and the Defendant of the Cheongju District Court as the 19928, Jun. 30, 1994, due to the establishment of a collateral security right as the Defendant of the Cheongju District Court.

C. On March 25, 2013, the petitioner-gu Seoul Metropolitan Government: (a) was divided into F with a size of 36 square meters prior to D on March 25, 2013; and (b) was 890 square meters prior to D in the petitioner-gu, Cheongju-si (hereinafter “instant land”).

On February 19, 2018, the registration of transfer of ownership was completed in the name of C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) due to expropriation on February 14, 2018, and the registration of transfer of ownership was completed again in the name of Cheongju on February 14, 2018 on the same day.

E. On February 13, 2018, the Cheongju District Court deposited KRW 266,021,000 as Cheongju District Court No. 483 in 2018 with the Plaintiff as the principal deposit.

(B) On the other hand, the Defendant: (a) issued an order for the seizure and assignment of the claim by subrogation for KRW 145,00,000 out of the instant deposit under the Cheongju District Court Decision 2018Tari-67 by designating the Plaintiff as the obligor and Nonparty Company as the garnishee; and (b) served the Cheongju-si and Nonparty Company on January 18, 2018, which became final and conclusive around that time.

(hereinafter referred to as “instant assignment order”). [The grounds for recognition] does not dispute.