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(영문) 서울동부지방법원 2016.01.15 2015가단110615
부당이득금
Text

1. The Defendants shall:

A. The Plaintiff is on the distribution statement dated April 15, 2015 of the Korea Asset Management Corporation (Korea Asset Management Corporation) management number C public auction procedure.

Reasons

1. Basic facts

A. On June 20, 2007, the Korean Bank Co., Ltd. borrowed money to D on June 20, 2007, and obtained a registration of the establishment of a neighboring mortgage amounting to KRW 1,170,000,000 with respect to E, 107, Seoul Special Metropolitan City (hereinafter “the instant real property”) that it owned from D (hereinafter “the instant real property”).

B. On July 2, 2014, the Korea Asset Management Corporation issued a public auction notification (management number C) with respect to the instant real estate, and followed the public auction procedure (hereinafter “public auction procedure of this case”) on August 18, 2014 on the date of the request for distribution. Before the date of the request for distribution, the Plaintiff entered into a contract with a Korean Securities Finance Co., Ltd. to transfer the status of a creditor and a mortgagee from a Korean bank, and submitted a request for the report of claim and the request for distribution with respect to the amount of credit 1,526,67,394 upon the transfer of the above mortgage claim from the Korean Securities Finance Co., Ltd., and the Defendants submitted the request for the report of claim and the request for distribution with respect to each lease deposit 50 million

C. In the instant public sale procedure, Defendant B submitted a claim report and a request for distribution of the amount of KRW 50,000,000 for each of the lease deposits, along with the lease agreement stipulated from October 15, 201 to October 15, 201, the lease term of which was set from October 15, 201, and the lease deposit amount was set at KRW 50,000,000 without the deposit amount on July 7, 201, which was set at KRW 50,000 without the lease agreement from November 21, 2011.

Since then, Defendant B submitted to March 25, 2015, and Defendant A submitted again a written request for the report of claim and distribution along with the lease agreement from March 9, 2015, in which each lease deposit was reduced to KRW 40,000,000 on March 26, 2015.

In preparing a distribution statement on April 15, 2015, the Korea Asset Management Corporation: (a) allocates each of the Defendants’ credit amount of KRW 16,00,000 to KRW 16,00,000; and (b) allocates each of the Plaintiff’s credit amount of KRW 1,526,67,394 to KRW 262,528,330.

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