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(영문) 울산지방법원 2015.05.15 2014가단31515
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and C’s claim relation (1) around 2010 lent KRW 315 million to C as business funds, and at the time a notary public drafted and delivered a notarial deed of monetary loan loan contract with the executory power of No. 335 of June 21, 2011, which was executed on June 21, 2011. Accordingly, C filed an objection suit with the U.S. District Court 201Ga6253, claiming for the refusal of compulsory execution based on the above notarial deed.

(2) On January 28, 2013, the conciliation was concluded between the Plaintiff and the said C on January 28, 2013, that “C shall pay the Plaintiff KRW 188,500,000,000, and two installments are paid KRW 100,000,000 until February 15, 2013, and KRW 88,50,000,000, respectively, by June 30, 2013.”

(hereinafter “instant conciliation”). B.

(1) On February 6, 2013, the Defendant completed the provisional attachment registration of KRW 150,000,000 on the claim amount as to the share of KRW 1/2 (hereinafter “share of the instant land”) out of the 1,020 square meters of the D Religious Site D 1,020 square meters owned by the Changwon District Court under the title of the title of the instant real estate, the process of the auction procedure, the preparation of a distribution schedule, etc.

(2) Subsequent to the instant protocol, the Plaintiff filed an application for compulsory auction on June 17, 2014 for the share of the instant land to the Changwon District Court Tongwon Branch Dongwon Branch E, under the instant protocol of mediation.

(3) The instant land share was sold to F on October 14, 2014, and the provisional attachment registration in the Defendant’s name was cancelled on the same day.

(4) On November 12, 2014, the auction court opened a distribution date (hereinafter “instant distribution date”) and confirmed the remaining KRW 51,662,905, which was the remainder of 51,662,905, which was derived from the sales price, as the actual amount of dividends, and prepared a distribution schedule with the content that was distributed as follows (hereinafter “instant distribution schedule”). On the grounds that no objection is raised against the said distribution schedule, the auction court made a distribution under the instant distribution schedule.

Order of priority.

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