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(영문) 청주지방법원 2017.01.12 2016가단12359
부당이득금 반환
Text

1. The defendant shall pay KRW 36,993,732 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On June 16, 2008, the Plaintiff entered into a mortgage contract with B on June 17, 2008. On June 17, 2008, the Plaintiff lent KRW 250 million to B, after completing the registration of creation of a collateral for the creation of a mortgage with the maximum debt amount of KRW 350 million with respect to KRW 3151 square meters, D 2871 square meters (hereinafter referred to as “each of the instant lands before the instant partition”); KRW 1894 square meters, 361 square meters, 2492 square meters, and G 2492 square meters.

B. Since then, with respect to each of the instant lands before the instant partition, the registration of creation of a mortgage with the maximum debt amount of KRW 90 million on April 5, 2010, and the neighboring land that was designated as the Defendant of the mortgagee, was completed with respect to each of the instant lands prior to the instant partition. Each of the said lands was divided into H 1319 square meters and 404 square meters, respectively, on July 22, 2011.

(hereinafter referred to as “land after each of the instant divisions”) C.

Since then, the Chungcheongbuk-do included the land subject to expropriation in the course of the process of the J project, which is a public service. Accordingly, on March 12, 2012, the Plaintiff requested the debtor B and the third debtor B to seize and collect the claim by subrogation, which is stipulated by the Chungcheongbuk-do, and received a decision on April 12, 2012 from the Seoul Central District Court for the seizure and collection order of the claim by subrogation (hereinafter “instant first decision”). On April 12, 2012, the first decision was served on the Chungcheongbuk-do, the third debtor on April 16, 2012.

On May 1, 2013, the Defendant applied for an order of seizure and assignment based on the subrogation stipulated by Chungcheongbuk-do, and received a decision of seizure and assignment order based on subrogation (hereinafter “instant order”) from the Seoul Central District Court on May 3, 2013. On February 4, 2014, the instant order was served on Chungcheongbuk-do, a garnishee on February 4, 2014.

E. Meanwhile, on August 17, 2015, Chungcheongbuk-do sought to expropriate the land after each of the instant divisions and pay 89,251,400 won of the compensation. However, there was a claim seizure and assignment order regarding the said compensation.

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