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(영문) 수원지방법원 2019.07.18 2018가단548773
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2010, C Co., Ltd. (hereinafter “C”) borrowed KRW 2.85 billion from the Plaintiff as the maturity date, July 30, 2010, and 26.4% per annum, between the Plaintiff and the Plaintiff, and drafted a notarized deed (hereinafter “notarial deed of this case”) as of April 13, 2010, stating that compulsory execution shall be recognized at the time of default.

B. On November 12, 2012, the Plaintiff filed an application for a compulsory auction (hereinafter “instant auction”) with the title to execute the instant notarial deed with respect to the FF Forest Land No. 13906 square meters (hereinafter “the instant forest”) owned by Suwon District Court Sung-nam Branch E, Sung-si, Gwangju District Court (hereinafter “C”), stating the claimed amount as “10 million won (the following title of execution)” and stating that “The amount of the claim is KRW 2.85 billion (the partial payment out of the title of execution) and the amount of KRW 26.4% per annum from April 14, 2010 to the date of complete payment.”

C. Upon the Plaintiff’s application, the instant auction procedure commenced on December 17, 2012, and the completion period for the demand for distribution was designated on February 20, 2013.

On February 14, 2013, the Plaintiff submitted an application for extension of the claim amount to the court of the instant auction. On June 27, 2017, the Plaintiff submitted an application for extension of the claim amount to the effect that the amount of principal and interest under the instant authentic deed is wholly claimed. On April 13, 2010, the Plaintiff submitted a claim statement of the total of KRW 8,308,50,000,000,000,000,000 from April 13, 2010 to the date of distribution, and KRW 5,458,507,397,000.

E. The instant auction court, while distributing the amount of KRW 7,610,078,898 as dividends on July 13, 2017, calculated the Plaintiff’s claim amounting to KRW 2.85 billion, and calculated KRW 58,043,889 as principal amounting to KRW 183,470,152,862, calculated the Defendant’s claim amount as KRW 183,470,152,862, and distributed KRW 3,931,69,688, “the instant auction court below” refers to the instant dividend table.

was drawn up.

F. On July 19, 2017, the Defendant: (a) as a mortgagee on the forest of this case under the Sungwon District Court Branch Decision 2017Gahap404982, the collective security right to the forest of this case is KRW 2 billion.

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