부당이득반환
1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
Basic Facts
The Plaintiff’s preserved claim Plaintiff was rendered a partial favorable judgment against the Plaintiff that “C shall pay the Plaintiff the amount of KRW 233,118,380, and the delay damages therefrom,” which is the appellate court (Seoul High Court 2013Na39454, 2013Na39461, Jul. 11, 2014, where the Plaintiff leased the money to the Plaintiff or paid the construction payment in lieu of the money from December 5, 2009 to October 13, 2010, and the said judgment became final and conclusive on August 2, 2014.
In around 190, the Defendant’s new construction of the Defendant’s building, C, and D, the Defendant’s office, purchased 1,800 square meters of the land of Gyeonggi-gun E in 199 and decided to newly construct accommodation facilities on the said land. D around 1996, the Defendant newly built two buildings of pentionion (hereinafter “instant one building”) around September 2003 upon receiving accommodation facility permission, and the Defendant’s office building permission around 1997.
After that, around 2003, the Defendant and C decided to newly construct one pentthy (hereinafter “the instant two buildings”) on the ground of Gyeonggi-gun F, Gyeonggi-do in 2003, and completed the structural construction by June 2006. The new construction was suspended on August 2006 because the construction cost was not paid due to provisional attachment or any other cause.
In this regard, the registration of ownership preservation has been completed in the name of the defendant on November 7, 2008 due to the commission of registration of application for compulsory auction by newcom Co., Ltd. and G, a creditor of the defendant.
After that, C above A.
The Plaintiff borrowed money from the Plaintiff and continued the remaining construction by paying the construction cost of the instant building 2. On August 4, 2010, the completion inspection on the instant building 2 was completed.
On March 2, 2015, the commencement of the voluntary auction procedure was initiated on the instant 1 and 2 buildings at the request of the Maak Agricultural Cooperative, the mortgagee of the right to collateral security, and the procedure of the voluntary auction of real estate was initiated as the District Court H.
The plaintiff's 365,634,323 claims are the District Court in the decision of provisional seizure.