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(영문) 의정부지방법원 2015.01.08 2014나2816

부당이득금반환

Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's defendants who fall under the above revocation part.

Reasons

1. Basic facts

A. On January 14, 1999, the Seoul Bank completed the provisional attachment registration, the creditor of the Seoul Bank, on the land of 136 square meters (hereinafter “instant real estate”) prior to C in Pakistan, the ownership of B.

B. On October 22, 2001, the Eunpyeong-gu Office completed the attachment registration of each of the instant real estate on October 27, 2001 on the grounds of the delinquency in the payment of local taxes by the Eunpyeong-gu Office.

On June 27, 2005, the Seodaemun Tax Office requested the Korea Asset Management Corporation to sell the real estate of this case by proxy (hereinafter “instant public sale”).

C. The plaintiff bid for the public auction procedure of this case and decided to sell the real estate of this case at KRW 41.3 million on September 21, 2005, and paid the price on November 21, 2005, but failed to complete the registration of ownership transfer because it did not obtain the qualification certificate for acquisition of farmland under Article 8 of the Farmland Act.

On December 13, 2005, the Korea Asset Management Corporation deducteds KRW 1,126,870 from the sale price above, and distributed KRW 34,906,520 in Korea, and KRW 5,266,610 in Seoul Special Metropolitan City, respectively.

E. On May 23, 2008, the Korea Asset Management Corporation acquired the above provisional seizure claim from the Seoul Bank, which is a provisional seizure creditor, and applied for a compulsory auction on the real estate of this case to the Jung-gu District Court Goyang Branch D with enforcement title, and completed the registration of transfer of ownership by paying in full the proceeds of sale on March 2, 2009.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 through 3, Gap evidence No. 3, Gap evidence No. 4-1 through 4, Gap evidence No. 5-1 through 8, Eul evidence No. 1, Eul evidence No. 1 and Eul evidence No. 1-3, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. After the Plaintiff’s assertion, the compulsory execution procedure based on the claim for provisional seizure against the original owner is commenced, E acquires ownership, and the Plaintiff cannot acquire ownership.

참조조문