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(영문) 서울중앙지방법원 2020.02.18 2019가단5014960

부당이득금

Text

1. The Defendant’s KRW 39,930,557 as well as the Plaintiff’s KRW 15% per annum from January 26, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On June 29, 2016, the Plaintiff filed a lawsuit against D to pay a loan of KRW 290,000,000 with the Seoul Central District Court 2015Gahap21306, and the said court accepted the Plaintiff’s claim and the said judgment became final and conclusive around that time.

B. 1) In Kimpo-si, E large 318 square meters (hereinafter “instant one real estate”).

b) buildings and above ground buildings (hereinafter referred to as “instant 2 real estate”).

F and D shared 1/2 each of them, and 64m2 of G forest land in Kimpo-si (hereinafter “instant 3 real estate”).

(B) On May 17, 2012, among the instant immovable property, D shares among the instant immovable property and the instant three immovable property were solely owned by D, and the joint collateral security was created as D on May 17, 2012, with respect to each of the instant immovable property, with respect to the maximum debt amount of KRW 354 million, and the debtor F, and the mortgagee, the mortgagee, and the mortgagee, the mortgagee, on November 29, 2013.

3) Of the instant real estate 1 and 2, the registration of provisional attachment by the creditor was completed as of June 12, 2015 on the creditor’s provisional attachment on the ground that the claim amount was KRW 625 million on June 12, 2015, and the claim amount was KRW 290 million on July 17, 2015, the registration of provisional attachment by the creditor was completed on the creditor’s provisional attachment on the instant 2 real estate respectively. (4) On November 29, 2015, the lease date was KRW 70 million on June 13, 2013, the lease date, the resident registration, the commencement of possession, and the fixed date of the lease date.

5) Of the instant real estate 1 and 2, the joint collateral security was created on December 31, 2015 with respect to F shares, which was KRW 240 million with respect to the maximum debt amount, KRW 240,000,000,000,000 for the debtor F and the mortgagee K. C. Pursuant to the H’s application for voluntary auction on April 26, 2016, the voluntary auction was commenced on the part of the Defendant Company H (Seoul District Court Branch Branch L L), and the auction court on February 9, 2017, the distribution schedule (hereinafter “instant distribution schedule”).

(H) written the FF’s claim and collateral security with respect to F in the above auction procedure to MA.