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(영문) 부산지방법원 2016.12.23 2015가단83367
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the assertion on the cause of claim

A. While the Plaintiff owned No. 101, 1004, 101, 1004, the Plaintiff’s assertion was unable to repay the secured debt against the Korea Standards Bank, Inc., a collateral security right holder.

Therefore, the above bank applied for a voluntary auction of real estate with the Busan District Court's Dong Branch D, and the above court decided to commence voluntary auction of the above apartment.

The above court distributed 150,000,000 won to the defendant who demanded a distribution as the lessee in the above voluntary auction procedure, but in fact the defendant prepared a false lease contract as the most lessee and submitted it to the above court, and there is no fact that the above 150,000,000 won was paid to the plaintiff as the lease deposit.

Therefore, the defendant has the duty to return the above KRW 150,000,000, which was distributed without any legal ground, to the plaintiff as unjust enrichment.

B. The written evidence No. 1 submitted by the Plaintiff was insufficient to acknowledge that the Defendant was the most lessee, and there is no other evidence to acknowledge this differently, and the Plaintiff’s above ground of appeal is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as without merit. It is so decided as per Disposition.

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