부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The New Bank Co., Ltd. (hereinafter “New Bank”)
(A) 5766.5m2 (hereinafter “instant real estate”) shall be deemed to be the “instant real estate” at the time of Pakistan.
(2) On November 28, 2005, the registration office for the establishment of the mortgage of this case, which was received on November 28, 2005, was completed due to the filing of the maximum debt amount of KRW 3.25 billion. On November 28, 2008, the joint collateral was added to the instant real estate building on November 28, 2008 (hereinafter “instant collateral security”).
(2) The new bank transferred the secured debt of the instant mortgage to the Defendant.
B. On May 13, 2013, 201, the Bank of Korea, a subordinate mortgagee of the instant right to collateral security, filed a request for auction on the instant real estate (hereinafter “instant auction procedure”). On May 15, 2013, the Bank of Korea, a corporation, which was a subordinate mortgagee of the instant right to collateral security, received a voluntary decision to commence auction (hereinafter “instant auction procedure”).
2) At the instant auction procedure, C and four other parties filed a lien with the amount of construction cost of KRW 1,736,386,366,366 as preserved bonds.
3) On February 6, 2015, the Defendant filed a lawsuit against C, etc. to confirm the existence of the right of retention (Seoul High Court Decision 2014Gahap53057), and was sentenced that C, etc. does not have any right of retention. Although C, etc. filed an appeal (Seoul High Court 2015Na2018044), the lower judgment dismissing the appeal on March 30, 2016 (Supreme Court Decision 2016Da219259) was dismissed on August 19, 2016 and the first instance judgment became final and conclusive (hereinafter “instant lawsuit”).
(4) According to the instant lawsuit, the Defendant submitted an application for extension of the date of sale to an auction court on May 23, 2014, and accordingly, was presumed to have changed the two-time sale date designated on May 29, 2014.
5 The Defendant applied for an auction after the judgment of the first instance court of the instant lawsuit on June 29, 2015, and the date of sale was progress on September 2, 2015, and October 7, 2015, but all failed.
The defendant shall set the second auction date on November 6, 2015.