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(영문) 서울동부지방법원 2016.09.06 2015가단131810

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 2, evidence 3-1, 2, Gap evidence 4, 5, 6, Eul evidence 1, Eul evidence 4, and the purport of the whole pleadings);

A. The New Bank Co., Ltd. (hereinafter “the instant real estate”) filed an application for voluntary auction on the instant real estate with the Seoul Seongdong-gu Seouldong District Court E-gu Seoul District Court on July 11, 2002 as the mortgagee (126,00,000 won with the maximum debt amount, ② the maximum debt amount, ② the right to collateral security (97,50,000 won with the maximum debt amount, ③ the maximum debt amount, ③ the right to collateral security (204,000,000 won with the debtor D), and accordingly, the voluntary auction on the instant real estate was completed on October 17, 2014.

B. The instant real estate should be the maximum debt amount of KRW 52,00,000 in addition to the establishment registration of a new bank, and KRW 42,202,320, and KRW 42,320, and KRW 14,318,175 as of February 6, 2014, which were the creditor Matz comprehensive financial securities corporation (hereinafter “Defendant Matz”), 203, the registration of provisional attachment as of May 13, 2014, the claim amount of KRW 14,318,175, and the creditor Samsung Card Co.,, Ltd. (hereinafter “Defendant Samsung Card”) as of KRW 10,00,00, KRW 9,067,72, and KRW 5,000, KRW 200, KRW 5,000, KRW 167, Defendant Samsung Card Co.,, Ltd., Ltd. (hereinafter “Defendant Samsung Card”) and KRW 65,015, Defendant New Card Co., Ltd. (hereinafter “Defendant New Card”).