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(영문) 대구지방법원 2016.09.22 2016나2138

부당이득금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 7,763,109 as well as the full payment with respect thereto from October 21, 2015.

Reasons

1. Basic facts

A. On July 13, 201, the Daegu District Court Kimcheon-SupportF for the land owned by the C, the compulsory auction procedure was commenced on July 13, 201.

B. On February 24, 2012, the said court prepared a distribution schedule of KRW 38,655,713, which deducts KRW 1,702,190 of the enforcement cost, out of KRW 40,357,903, to be distributed on the date of distribution, as indicated in the following table (hereinafter “instant distribution schedule”).

The amount of dividends distributed to the creditor who has the right to demand a distribution of Defendant G credit card 143,912, 328, 14, 706, 390 36,884,06, 727, 945 distribution order 111, 20,691, 9092, 114, 505, 303, 2323210,546,067 (units: the source)

C. 1) The Defendant appeared on the aforementioned distribution date and raised an objection against the amount of dividends of the Plaintiff and G, and thereafter filed a lawsuit of demurrer against the Plaintiff and G with the Daegu District Court Kimcheon-ro 2012Kadan1845, and filed a lawsuit of demurrer against the distribution from the said court on September 14, 2012 from the said court (hereinafter “instant judgment”) that “The amount of dividends against the Defendant out of the instant distribution schedule prepared by this court on February 24, 2012, KRW 5,303,232 won in relation to the compulsory auction of the said court’s F real estate, as KRW 15,849,299, and KRW 10,546,067 in relation to G, shall be corrected to KRW 0,00” (hereinafter “instant judgment”).

(2) The instant judgment became final and conclusive on May 21, 2014, as G’s appeal (Seoul District Court Decision 2012Na21056) and appeal (Supreme Court Decision 2014Da9007) were all dismissed.

The Defendant received additional dividends of KRW 10,546,067 to the Defendant in accordance with the instant judgment.

E. Meanwhile, the result of calculating the dividend amount of KRW 10,546,067, which was additionally distributed to the Defendant, pro rata to the ratio of each amount of credit on the Plaintiff, the Defendant, and the new card is as listed below.

The amount of dividends distributed to the applicant creditor who has the right to demand a distribution for the reasons 11st of distribution ranking 143,912, 328, 14,706, 390 36,884,006, 006 of the amount of claims against the Plaintiff New Card by the Plaintiff, = 28,45,018 = 20,691,909 won [10,546,067 won x 143,912,328 won/ [143,912,328 won].