부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 24, 2008, as to the portion of 18,182/26,083 shares of C forest land 20,926 square meters and D forest land 5,157 square meters, which were owned by B, the voluntary auction was commenced to Suwon District Court E with respect to each of the above real estate, and thereafter, the voluntary auction procedure was initiated in duplicate with the Suwon District Court F with respect to each of the above real estate, and the auction procedure was initiated simultaneously.
(hereinafter referred to as the "voluntary auction procedure of this case")
On October 5, 2009, the Plaintiff was issued with a promissory note of KRW 630,000,000 at par value (hereinafter “instant promissory note”) from B on January 20, 209 and was issued with the original copy of the instant promissory note No. 2009,12783 by Seoul Eastern District Court (Seoul Eastern District Court) on October 5, 2009, upon receipt of a seizure and assignment order of KRW 630,000 out of the dividend payment claim B during the instant voluntary auction procedure (hereinafter “instant assignment order”). The instant assignment order was delivered to the Republic of Korea as a debtor on October 8, 2009.
C. B received total of KRW 1,075,682,209 as the surplus of the debtor and the owner during the instant voluntary auction procedure on October 21, 2009. Of them, KRW 630,000,000 (hereinafter “instant dividend”) was distributed to B (the Plaintiff in full).
In addition to the assignment order of this case, the Suwon District Court, the executing court of the voluntary auction procedure of this case, deposited KRW 630,525,689 on November 26, 2009 on the dividend of this case as the provisional attachment order of claim No. 2009Kadan114069, Seoul Eastern District Court 2009Kadan12596, provisional attachment order of claim No. 2009Kadan12689, Seoul East East Eastern District Court 2009Kadan12689, provisional attachment order of claim No. 2009Kadan12612, the provisional attachment order of claim No. 2009Kahap2612, Incheon East East District Court 2009, the provisional attachment order of claim No. 2009Kahap1221, and the provisional attachment order of claim No. 20099.
E. On April 11, 2011, the Defendant is an executory exemplification of a loan case (Seoul Eastern District Court Decision 2009Da76851), which was Seoul Eastern District Court No. 2011TT 7856.