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(영문) 서울중앙지방법원 2015.05.06 2014가합49871

부당이득금반환

Text

1. Of the lawsuit in this case, the part of the primary claim by the plaintiff (appointed party) and the appointed party shall be dismissed.

2...

Reasons

The summary of the case is that the plaintiff (appointed party) and the representative (hereinafter collectively referred to as "the plaintiff et al.") who are the mortgagee of the public auction property (hereinafter collectively referred to as "the plaintiff et al."), and the defendant, who did not meet the requirements for counterclaim of resident registration, received the small amount of deposit KRW 25 million from the proceeds of sale of the public auction property, and asserts that it is improper for the defendant to claim correction of the distribution statement around the defendant, and return of unjust enrichment equivalent to the amount of the distribution

On the premise, the plaintiff et al. completed the registration of the establishment of a neighboring mortgage amounting to KRW 160 million with respect to the five-story apartment houses located in Songpa-gu Seoul Metropolitan Government D (Road Name Address: Seoul Songpa-gu E) located on July 1, 201, with respect to the five-story apartment houses located in Songpa-gu Seoul Metropolitan Government (Road Name Address: 501).

On December 20, 2013, the Korea Asset Management Corporation has registered the public auction notification on the house in question on December 20, 2013.

After selling the said housing at the public auction on September 2, 2014, the Korea Asset Management Corporation prepared a distribution statement on October 2, 2014 that allocates the sale amount and deposit interest to the Defendant, including the distribution of small lease deposit to the Defendant, as follows:

The details of the distribution of purchase price are as follows: 11,492,050 won 2,7 lessee 37,230,671 won: 37,47,77, and attachment Songpa-gu Office 19,498,200 won 3,620,000 won 4,77, 59,893,620 won 13,043,8547, 13,047 lessee 13,043,853,7 lessee 7 lessee 13,043,853 won 7 lessee 2,50,000 won, 23,619,852, 36363, 264, or 2,000 father's resident registration, or the following change in the resident registration relation:

Seoul Songpa-gu D Housing-503 Transfer on August 27, 201, Seoul Songpa-gu Seoul H, 401 Transfer on June 21, 201, for the reasons of the date of transfer/transfer of the resident registration record card No. 5038, Jan. 16, 2013