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(영문) 창원지방법원 2020.07.17 2018나63553

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 24, 2016, the Plaintiff: (a) acquired the claim for the construction price against L Co., Ltd. (hereinafter “L”); (b) attached the instant claim to L Co., Ltd. (hereinafter “the instant claim for transfer”); and (c) filed a lawsuit against C seeking the transfer price claim against the Changwon District Court 2016Kadan1177 (C); and (d) decided on November 24, 2016, that “C shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from August 27, 2016 to the date of full payment; and (e) the said judgment became final and conclusive on December 10, 2016.

B. On November 15, 2002, C is entitled to voluntary auction and distribution of the Defendant’s real estate owned by C, and 707 square meters prior to D, Kimhae-si, where the Defendant and H own on November 15, 2002 (hereinafter “instant land”).

As to the right to collateral security (hereinafter “instant right to collateral security”) with respect to the Defendant and H, the Changwon District Court, Kim Jong-hae registry office, which received on November 15, 2002, No. 101051, which received on November 15, 2002 the maximum debt amount.

(2) The Defendant, based on the instant collateral security, filed an application for voluntary auction of the instant land and buildings on either of the instant land or buildings with the Changwon District Court J, K, and the subsequent auction procedure (hereinafter “instant auction procedure”) to set up a distribution schedule (date of distribution April 17, 2017) with the following details.

The creditor Kim Young-si, Kim Jong-si, Kim Jong-si, the National Health Insurance Corporation of the Republic of Korea (non-tax-building) issuing authority (non-tax-building) issuing authority (non-tax-building) for the defendant C's reasons for issuance (non-tax-building) shall be 9,258,900, 291, 480, 760, 719, 760 16,292, 4200,4200, 5200,62,62,978,538 distribution order 111239,258,9029,90291,480,719, 760, 760, 760, 292, 261, 692, 6718, 297, 298, 78, 36364, 29636,6364,63964