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(영문) 대전지방법원 2015.04.29 2015가단202411

부당이득금

Text

1. The Defendant’s KRW 20,506,906 as well as the Plaintiff’s annual rate of 5% from February 10, 2015 to April 29, 2015.

Reasons

1. Facts of recognition;

A. On November 8, 2010, the Seo-gu Daejeon Credit Union (hereinafter “Plaintiff”) merged on April 24, 2014. (1) loaned KRW 231,00,00 to the national logistics enterprises of a stock company (hereinafter “BD enterprise logistics”), and completed the registration of the establishment of a mortgage No. 157-6 Incheon Metropolitan City Office No. 1618, 1704, 1702, 1803, 1806, 1807, 1821 (hereinafter “1 real estate”) with the maximum debt amount of KRW 231,00,000,000, and completed the registration of the establishment of a mortgage No. 15061, Dec. 23, 2010 (hereinafter “Seoul Daejeon District Court No. 2016, Apr. 1, 206”); and (3) the Daejeon District Court No. 20140, Jun. 16, 2010.

B. On February 6, 2013, the Plaintiff filed an application for an auction of real estate rent based on the right to collateral security (1 and 2) with the Daejeon District Court, and each auction was conducted on February 7, 2013. (1) On September 26, 2011, the Defendant seized real estate Nos. 1 and 2 as of September 26, 201. At the time of seizure, the amount in arrears was KRW 64,540,210, and (2) on real estate No. 1 as of (1), the Defendant’s request for delivery was made on February 18, 2013, which was April 24, 2013, and the said court issued KRW 28,200,396, the date of distribution to the Defendant on December 3, 2014, the amount actually distributed to the Defendant on March 27, 2013, the said amount was KRW 1,136,374,374,27.27