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(영문) 서울동부지방법원 2016.05.24 2014가합5966

부당이득금반환

Text

1. As to KRW 479,943,592 among the Plaintiff and KRW 318,161,024 among the Plaintiff, the Defendant shall start from May 29, 2014; and KRW 14,786 among them.

Reasons

A. 16.9 billion won, except for the reasons that the due date has not yet arrived, recognized the remainder of 15 billion won as KRW 19.5 billion, the Plaintiff’s dividend amount of KRW 636,451,053, 960,088,225, and the Defendant’s dividend amount of KRW 10,408,848,846, and the Defendant’s dividend amount of KRW 10,085,21,674, and the above judgment became final and conclusive as the Defendant did not appeal.

Accordingly, the final claims and dividends of the third creditors are as follows:

The amount to be distributed to the creditors of the third priority in the building: 2,982,905,836 won (total amount to be actually distributed - 1,200 won (the total amount to be distributed - 1,200 won) is 9,477,298,456,9608,2250,08,2225 defendant mortgagee-mortgage 23,923,972,602,602* 1952,975,427,9642,817,611 - amount to be distributed to the creditors of the third priority in the building and 1690,701,3695,759,759,2596,984,965,984,965,965,965,965,969,964,25,960,95,964,00

(unit: Won)* The maximum debt amount of the right to collateral security *

*** does not include the claim for reimbursement, which is the secured debt, after the completion period for demand for distribution.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination on a claim for return of unjust enrichment

A. The execution of distribution pursuant to the distribution schedule which became final and conclusive in the establishment of unjust enrichment does not confirm the rights under the substantive law. In case where the creditor who is liable to receive the distribution receives the distribution without receiving the distribution, the creditor who has not received the distribution, who did not raise an objection to the distribution, shall not receive the distribution, regardless of whether or not