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(영문) 인천지방법원 2017.01.17 2016가단212691

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2014, the Plaintiff filed a lawsuit seeking return of unjust enrichment against Nonparty D (hereinafter “D”), and the Incheon District Court rendered a judgment that “D shall pay to the Plaintiff the amount of delay damages at each rate of 20% per annum from September 4, 2014 to July 14, 2015, including the principal amount of the loan subrogated by the Plaintiff, KRW 30,000,00, and the principal amount of the loan subrogated by the Plaintiff, KRW 548,167, as well as the principal amount of the loan subrogated by the Plaintiff, KRW 548,167, and the amount of delay damages at each rate of KRW 30,548,167, which are the final repayment date, from September 4, 2014 to July 14, 2015, and from the next day to the date of complete payment.”

The judgment of the court of first instance appealed D, but the Incheon District Court dismissed D’s appeal as of March 23, 2016, No. 2015Na5670, and the above judgment became final and conclusive on April 13, 2016.

(hereinafter referred to as “previous lawsuit”). (b)

D On June 26, 2015, with the Defendant, entered into a mortgage establishment agreement with the Defendant, with the maximum debt amount of KRW 150,000,000,000, the debtor D and the mortgagee as the Defendant regarding the Nam-gu Incheon East-gu E apartment 203, 1304 (hereinafter “instant apartment”). On the same day, the establishment registration of the neighboring apartment was completed by the Defendant as Incheon District Court No. 55071 on the same day.

(hereinafter “instant collateral security”). C.

On July 23, 2015, the Plaintiff filed an application for compulsory auction with the Incheon District Court C on the apartment of this case with the executive title as to D, and the Incheon District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the amount of KRW 22,235,395 is distributed to the Defendant of the New Bank Co., Ltd., a first-class mortgagee, the second-class mortgagee, who is the second-class mortgagee, to distribute KRW 116,453,747, and KRW 87,535,063, and KRW 18,246,585, respectively, to the Defendant of the first-class mortgagee, the second-class mortgagee, the second-class mortgagee, the second-class mortgagee, who is the second-class mortgagee, shall be the Defendant.

The plaintiff's agent is present on the date of the above distribution and 30.2 of the dividend amount against the defendant.