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(영문) 창원지방법원 2016.08.18 2015가합34055

부당이득금

Text

1. The Defendants: (a) Defendant A and C, from August 20, 2015, and Defendant B, with respect to each of the above KRW 5,042,621 to the Plaintiff.

Reasons

1. Basic facts

A. Voluntary participation in each real estate listed in the separate sheet 1) Each real estate listed in the separate sheet 1) each real estate listed in the separate sheet 2 through 8 (8) (hereinafter “each real estate of this case”), among which each building listed in the separate sheet 2 through 8 is “the factory of this case”

2) As to the 21st securitization specialized in Korea’s EFA (hereinafter “Korea EFA”)

(2) On February 26, 2013, the Plaintiff, who became aware of the aforementioned circumstances, applied for the commencement of voluntary auction based on the right to collateral security, applied for the commencement of voluntary auction. On February 26, 2013, the Plaintiff decided to jointly purchase each of the instant real estate with the Defendants in order to lower the sales price and the burden of paying acquisition tax.

Article 1 (Definitions of Terms) (1) "Claims subject to Assumption of Obligation" means the principal of loans (80 million won on December 31, 2008, KRW 700 million on December 31, 2008, KRW 100 million on July 22, 2009, KRW 800 million on December 31, 2008, and interest and interest in arrears held by UNFCCC Co., Ltd. on fences.

(3) The term "security interest" means a security interest created on each real estate of this case in order to secure a claim subject to debt acquisition.

(5) "Amount of debt acquisition" means the amount determined by the provisions of Article 143 (1) of the Civil Execution Act, i.e., the original and the defendant, in lieu of the payment of the sale price, in the procedure of voluntary auction.

Article 2 (Contents of Agreement) (1) The original and the Defendant shall participate in the said voluntary auction procedure by fixing the bid price as KRW 1.85 million on the date of the sixth auction procedure.

(2) The original and the Defendant shall be liable for the performance of the obligation owed by the debtor as the assignee of the obligation subject to the assumption of the obligation, on the date of the next sale, in accordance with the following conditions:

1. The amount paid under an agreement: 1.25 million won;

2. Time of payment;