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(영문) 서울중앙지방법원 2014.12.11 2013가합82482
부당이득금
Text

1. The Plaintiff, Defendant B, and Defendant C, as Defendant C, KRW 786,751,874, and each of them, from November 12, 2013 to November 2014.

Reasons

1. Basic facts

A. The non-party D regional housing association (hereinafter “non-party D regional housing association”) is a regional housing association established for the purpose of constructing a new apartment in the Eth of South Yangyang-si, which is established for the purpose of constructing an apartment. It is a non-corporate association under the Civil Act, where the association itself continues to exist and its important matters have been determined as an organization, regardless of the organization’s unique purpose, which is a collective housing construction project, with the organization as an executive body equipped with the bylaws and an organization, and the method of resolution or execution of business is conducted according to

B. On November 28, 2005, the non-party union borrowed respectively KRW 300 million from Defendant B and KRW 200 million from Defendant C, and set up a right to collateral security (hereinafter “the instant right to collateral security”) with respect to each of the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the association as the registration office of the Namyang-gu District Court No. 12566, Nov. 28, 2005, which was received on November 28, 2005, for the Defendants of the right to collateral security, the maximum debt amount of which was KRW 900,000,000.

C. Defendant B applied for a voluntary auction on the instant real estate based on the instant right to collateral security, and the auction procedure was in progress with Defendant B’s District Court F.

In the above auction procedure, the Plaintiff paid the successful bid price of KRW 901,119,99, the Plaintiff paid the bid price of KRW 901,19,99, and the registration of transfer of the Plaintiff’s ownership was completed on July 25, 2007 by the Seoyang-gu District Court’s Seoul District Court registry as the receipt of No. 84930 on July 25, 2007. On August 20, 2007, Defendant B received dividends of KRW 109,547,729 and Defendant C received dividends, respectively.

The non-party association is null and void since the right to collateral security of this case was established in violation of the union regulations. The plaintiff at auction procedure conducted with invalid collateral security cannot acquire ownership of the real estate of this case. On November 13, 2008, the Seoul Central District Court was 2008Gahap112648.

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