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(영문) 창원지방법원 2019.07.17 2018가단108868

부당이득금

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1. Defendant B’s KRW 27,286,814 as well as 5% per annum from February 16, 2017 to July 17, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are married to the Defendants, and D is the Defendants’ spora (Ap of their E).

B. Each real estate indicated in the separate sheet (hereinafter “instant real estate”) was originally owned by Defendant B. As to the instant real estate on August 14, 2014, the ownership transfer registration was completed on the ground of sale on June 27, 2014.

C. On December 30, 2015, upon the Plaintiff’s application, the procedure for compulsory auction (hereinafter “instant auction procedure”) was initiated for the instant real estate on December 30, 2015. Defendant C sold the instant real estate at KRW 116,100,000 at the instant auction procedure, and paid the sale price and acquired ownership.

On February 15, 2017, the auction court opened a distribution date and prepared a distribution schedule with the content that distributes the amount of KRW 113,521,30,00 as follows, and the distribution schedule became final and conclusive as is, because interested parties, including the Plaintiff, do not raise any objection.

[Attachment of Principal and Interest on Claim] Defendant B 60,00,000 won 60,000,000 won 29,808,219 won: Title of Claim: Law Firm I 2016, 3,202,257 10.74% of the No. 118 (principal 20,000,000), Kim Sea-si 23,640 won 2,540 won 2,530 won 2,436 executive titles: Title of Claim: 30,119 (principal 40,00,000,000), 20,526, 206, 206, 207, 3616, 206, 207, 306, 206, 205, 206, 206, 206, 20716, 2536, 2016, 3616

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion.