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(영문) 서울서부지방법원 2018.06.21 2016가합36188

부당이득금

Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant L and Q is dismissed.

2. The Plaintiff:

(a) Defendant B, C, D, E.

Reasons

1. Basic facts

A. The Defendants’ dividends and the Plaintiff’s bid (1) Nonparty X-based housing association (hereinafter “the Plaintiff’s bid”) is a regional housing association established on April 30, 2003 for the purpose of constructing an apartment building in the Namyang-si, Nam-si, and Article 24(2) of the Union Regulations provides that “In the event that the payment of contributions by members is delayed and the overall progress of the business is not reasonable, necessary funds may be borrowed temporarily from the other wife and the financial rights after the resolution of the Steering Committee, but the loan interest shall be calculated and shared by the members.”

(2) Although the non-party Z, the president of the non-party Z, who was the president of the non-party Z, did not hold an operating committee on April 26, 2005, it forged the minutes of the meeting and set up a collateral security (hereinafter referred to as “the instant collective security”) with regard to the Defendant C’s mortgage (hereinafter referred to as “the instant collective security”), as if the operating committee resolved on the matters relating to the borrowing of funds, at the time of southyang-ju prior to the division, by forging the minutes.

(3) Defendant C filed an application for voluntary auction on the instant pro rata real estate based on the instant mortgage and carried out the auction procedure (hereinafter “instant auction procedure”). The Plaintiff paid the successful bid price after receiving a successful bid on the instant pro rata real estate, thereby completing the registration of ownership transfer in the name of the Plaintiff as the receipt No. 143172 on December 24, 2007.

(4) Of the instant maternity real estate, 19 square meters in Nam-si, Namyang-si, AD on December 18, 2007, and 85 square meters in AB were divided into AE. On July 15, 2008, the non-party Korea Rail Network Authority accepted two parcels of the said AD and AE on July 15, 2008, and the land remaining after division is the real estate as shown in attached Tables 1 and 4.

(5) At the instant auction procedure, the distribution schedule for the mortgagee was prepared on February 1, 2008, as shown in the Attachment No. 4, and the Defendants are the aforementioned.