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(영문) 인천지방법원 2015.07.01 2014가단2944

부당이득금반환

Text

1. The Defendant’s KRW 3,572,298 as well as the Plaintiff’s annual rate from April 22, 2015 to July 1, 2015.

Reasons

1. Facts of recognition;

A. C acquired the ownership of the land listed in the [Attachment C] List 3 (hereinafter “instant site”) and the legal relationship of the said site 1) subsequently completed the registration of creation of superficies with respect to the instant site as the Incheon District Court’s Reinforcement on July 26, 200 registry office, No. 13272, Oct. 24, 2002 (2) followed the registration of establishment of a maximum debt amount of KRW 19,500,000 with respect to the instant site as of October 24, 2002, and the establishment of a mortgage was completed under the name of a credit cooperative for strengthening the right to collateral security (hereinafter “instant site”). On the same day, the period of possession of the leased land as of October 24, 2008, the registration of creation of superficies was completed under the name of a person with superficies under the name of a credit cooperative for strengthening the right to collateral security (hereinafter “mortgage”) with the maximum debt amount received on February 8, 2006).

3) However, on March 9, 2006, the strengthened Credit Union applied for a real estate auction on the instant site to the Incheon District Court G, and on September 27, 2006, the F applied for a real estate auction, and on September 27, 2006, each of the lands listed in Schedule 2, 4, and 7, including the instant site, in the attached Table 2, 4, and 7, including the instant site, to the Incheon District Court H (hereinafter referred to as the “each of the instant lands”).

4) On July 19, 2007, I applied for the auction of real estate rent. On July 2007, 2007, I subrogated to the Reinforcement Credit Union and received a transfer of the above collateral security and superficies, and revoked the above collateral security on July 20, 2007, and withdrawn the Incheon District Court G applied for by the Reinforcement Credit Union.

【Ex post facto, the Incheon District Court H (which was a consolidation with a withdrawn case) applied by F

(B) As seen below, the Plaintiff was awarded a successful bid for each of the instant lands as the auction of real estate was in progress.

Attached Form

The 1 J of the building listed in the list 1 (hereinafter referred to as the “instant building”) shall be between C and husband, and the K K of Incheon-gun around 200 around 5.