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(영문) 수원지방법원 2019.02.13 2018나67657
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

. In the procedure of public sale, the sum total of KRW 1,978,506,00 shall be 1,978,500,000, if the sum was allocated to the first person having chonsegwon on the instant building

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the right to lease on a deposit basis does not fall under “right to lease on a deposit basis, the term of existence of which has expired and which has expired,” and as well as “right to lease on a deposit basis with opposing power,” the Defendant may not receive distribution in the distribution procedure of this case, but the Defendant received the distribution amount of KRW 1,978,500 without any legal grounds and thereby acquired the benefit equivalent to the said amount, and the Plaintiff, who is the person holding the right

Therefore, the defendant is obligated to return to the plaintiff the amount of 190,000,000 won, which is the amount of the secured claim by provisional seizure as unjust enrichment, and damages for delay.

3. Relevant regulations and relevant legal principles

(a) Relevant regulations* Article 80 (Scope of Distribution of Money) (1) of the former National Tax Collection Act shall distribute the money falling under each of the following subparagraphs pursuant to Article 81:

Provided, That when the provisions of the proviso of Article 61 (1) or the provisions of Article 62 (2) are applied, the Korea Asset Management Corporation may act on its behalf, and the distribution of money in such case shall be considered as having been done by the

2. The money received from the defaulted taxpayer or the third obligor due to the attachment of claims, securities or intangible property rights, etc.;

3. On April 4, 201, Article 81 (Distribution Method) was amended as follows: (a) the proceeds of sale of attached property and deposit interest thereof; and (b) the provisions of said Article (Distribution Method) were amended as follows.

Article 81 (Distribution Method) (1) Money under Article 80 (1) 2 and 3 shall be allocated to the following delinquent amounts and claims:

Provided, That in cases of claims that have to be requested to distribute by the deadline for requesting distribution pursuant to Article 68-2 (1) and (2), it shall be apportioned only to claims requested to distribute.

1. An amount in arrears related to the attached property;

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