부당이득반환청구
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On January 26, 2011, B leased 10,000,000 deposit money, and the lease period from February 20, 2011 to February 19, 2012, B received the instant real estate, and filed a move-in report on February 21, 201.
In addition, on February 21, 201, the same seal was affixed with a fixed date.
B. On May 16, 2012, the Plaintiff leased the instant real estate from the Daccccco Ltd. with a deposit of KRW 20,000,000, and the lease term from May 23, 2012 to May 22, 2014. The instant real estate was transferred on May 23, 2012, and the move-in report was also received with a fixed date.
At the time, the instant real estate was not in the state of B, the former lessee, and was not in the state of B.
C. B filed an application for the order of lease registration on August 30, 2012 on the ground that the deposit amount of KRW 6,000,000 was not received among KRW 10,000,000, and the Daegu District Court issued the order of lease registration on September 12, 2012 (Seoul District Court 201Da1344), and on September 13, 2012, the lease registration was completed under B’s name.
(hereinafter “instant right of lease registration.” At the time, B was registered as a resident of the instant real estate even though it did not live in the instant real estate, and the move-in report was made to another place on May 29, 2013, which was after the instant right of lease registration.
On the other hand, on May 7, 2013, the Defendant applied for a voluntary auction as a mortgagee of a right to collateral security (on January 14, 2011, on the date of registration of the creation of a collateral security right) on a portion of 67.7 square meters of land and its ground buildings, Daegu Suwon-gu D, and Fgu Suwon-gu, Daegu Suwon-gu, for an auction.
(G) On May 8, 2013, the decision to commence auction was registered, and the auction court prepared the distribution schedule as stated in the attached Table (hereinafter “instant distribution schedule”) on February 10, 2014.
Accordingly, the defendant received dividends of KRW 164,150,763, and KRW 6,00,000, respectively.