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(영문) 서울서부지방법원 2016.04.27 2015가합39005

부당이득금

Text

1. The Defendants against the Republic of Korea in the distribution procedure of F real estate auction cases by the Seoul Central District Court.

Reasons

1. Basic facts

A. The plaintiffs' claims 1) The case dealt with by the Seoul Central District Court (hereinafter referred to as the "Seoul Central District Court") is indicated only by case number without the name of the court.

3) The F real estate auction case (hereinafter “instant auction”) is the F real estate auction case

On December 31, 2010, prior to the decision to commence the auction, the Seoul Seocho-gu Seoul Metropolitan Government Decision on December 31, 2010, the Seoul Seocho-gu G Land and its ground buildings (hereinafter “effective period”).

(2) Each share (hereinafter referred to as “instant real property”)

(2) On September 1, 2011, a provisional attachment order of 300 million won (2010Kadan7364) was issued with respect to a loan claim against a debtor as a right to be preserved, and the provisional attachment registration was completed on the same day. On January 3, 2011, prior to the decision to commence the auction of this case, Plaintiff B also received a decision of provisional attachment (2010Kadan93127) causing eight million won of the claimed amount as a right to be preserved, and completed the provisional attachment registration (2) on the same day, Plaintiff A filed a lawsuit claiming the return of the loan against the debtor's right to be preserved, and completed the provisional attachment registration (2) on September 1, 2011, Plaintiff B received 30 million won of the loan and the amount calculated at the rate of 24% per annum from November 27, 2010 to the date of complete payment (the above decision of 2010DaDa1381410 decided on the same day).

3) In order to secure the claim for loans to H, a new bank (hereinafter “new bank”) that was created as a collateral on the instant real estate owned by a person who has pledged his property to secure the claim for loans to H.

In the auction of this case, the 1,203,937,945 won was received at the auction of this case, and accordingly, the efficiencies were H.