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(영문) 서울중앙지방법원 2016.03.25 2015가합558907

부당이득금

Text

1. The Defendant’s each of the Plaintiffs’ KRW 105,00,000 per annum from December 12, 2015 to March 25, 2016.

Reasons

1. Basic facts

A. The following registration was completed with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”).

On February 5, 2014, 2014, on the date of receipt of the registration date, the right holder of the right to the provisional attachment and other non-fixed provisional attachment: (a) the amount of KRW 75 million claimed by the Seoul Central District Court for the provisional attachment decision of this case; (b) the establishment of the provisional attachment provisional attachment of this case by the creditor D on March 31, 2008; (c) KRW 540 million on March 31, 2008; (d) Hana Bank Co., Ltd., Ltd., Ltd., one of the obligors of the first secured claims; and (e) the establishment of the first secured claims of KRW 325 million on March 31, 2008; and (e) the establishment of the second secured claims of this case by Han Bank, Inc., the debtor of the second secured claims of KRW 325 million on March 31, 2008. < Amended by Act No. 9871, Nov. 30, 2009>

B. The following registration was completed with respect to the buildings listed in [Attachment List No. 2]

Attachment on July 7, 2014, July 22, 2014, of the National Health Insurance Corporation attachment No. 1 of the National Health Insurance Corporation on July 7, 2014 on the date of receipt of the registration purpose, the holder of the right to the ground for registration, and other matters, and on January 22, 2015, the attachment No. 2 of the Seocho-gu Seoul Metropolitan Government, the attachment right holder.

C. On April 28, 2015, the procedure of voluntary auction was initiated to the Seoul Central District Court F with respect to the instant real estate (hereinafter “instant auction case”).

After filing an objection to the above decision of permission for sale, the Defendant sold the instant real estate to the Plaintiffs on May 14, 2015, with the following contents:

Sales amount: 110 million won (contract amount: KRW 110 million, any balance: KRW 990 million): If a seller or a purchaser fails to fulfill the terms and conditions of this contract under Article 6 (Non-performance of Obligations and Compensation), the other party may demand in writing that the person who has failed to perform the contract be notified in writing and rescind the contract.

In addition, the parties to the contract shall pay damages to the other party.