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(영문) 서울서부지방법원 2016.09.27 2016가단380

부당이득금반환

Text

1. The Defendant’s KRW 21,161,643 and its related year from February 26, 2016 to the Plaintiff.

9. up to 27.5% per annum.

Reasons

1. Basic facts

A. The Plaintiff was an owner of the apartment house of the third floor (hereinafter “instant building”) of the Masan-si Group C’s ground sculptures and the Mambro Mabro Mabro, Ansan-si, and the Defendant was a person who leased part of the instant building from the Plaintiff at KRW 20,000,000,000.

B. On October 2005, at the Plaintiff’s creditor D’s request, the procedure for compulsory auction against the building of this case was initiated as Suwon District Court Ansan Branch E.

C. On July 3, 2006, the Defendant provisionally attached the claim amounting to KRW 20,000,000 out of the surplus to be distributed to the Plaintiff as the owner and debtor of the same court E-real estate compulsory auction case held by the Plaintiff against the Republic of Korea. The Defendant filed a lawsuit claiming the return of the lease deposit against the Plaintiff as the same court No. 2006 Ghana109135.

On July 26, 2006, F received the building of this case in the above compulsory auction procedure. On September 19, 2006, F distributed 8,00,000,000 won to G and H, respectively, and 1,80,000 won to B, and 1,80,000 won to D, with the second priority, to the lessee who received the fixed date, 12,00,000 won to D, with the third priority, 12,00,000 won to H, 4,00,000 won to the lessee with the fixed date, 5th priority, to the lessee with the fixed date, 22,00,000,000 won to the Defendant, who received the fixed date, 4,00,000,000 won to J, 7,0000 won to the lessee with the fixed date, 308,0081,7,0008,000 won to the creditor of this case.

(hereinafter “instant dividends”). (e) The instant dividends are distributed.

On September 19, 2006, the Defendant handled and withdrawn KRW 22,000,000, which was the date of distribution of this case.

On the other hand, money to be distributed to the plaintiff as surplus.