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(영문) 서울서부지방법원 2015.02.12 2014나32070
부당이득금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 3, 2009, the Plaintiff entered into a lease agreement with B by setting the lease deposit of KRW 300,000,000 and the lease term from August 20, 2009 to August 19, 201 with respect to an apartment as indicated in the separate sheet (hereinafter “instant apartment”). The Plaintiff received the move-in report on August 25, 2009 and received a fixed date on the lease agreement document.

B. On July 18, 2008, our bank completed the registration of the establishment of a neighboring apartment of this case with the debtor B and the maximum debt amount of KRW 566,400,000. On June 25, 2010, the National Bank of Korea Co., Ltd. completed the registration of the establishment of a joint neighboring housing with the share of KRW 6.616,631, which is the share of B, out of the apartment of this case and the 4731m2 in Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government (hereinafter “the share of this case”) with respect to the share of KRW 6.616,731, which is the share of the apartment of this case.

C. On June 13, 201, according to the application for voluntary auction by the Bank of Korea for the instant apartment, the auction of real estate was commenced with F by the Seoul Western District Court on June 13, 201, and the Plaintiff filed a report on the right as a lessee on August 9, 201 in the auction procedure.

After that, on September 30, 201, the auction of real estate was commenced to the Seoul Western District Court G on September 30, 201 upon the application of the National Bank for voluntary auction by the National Bank for the instant apartment house and the instant land shares. On September 30, 2011, the auction court joined the auction of real estate G real estate in the Seoul Western District Court G with the Seoul Western District Court on September 30, 201. On October 5, 2011, the completion period to demand a distribution on the instant land shares was determined as December 14, 201, and the Plaintiff did not demand a distribution by the completion period to demand a distribution.

E. On December 16, 2011, the Defendant: (a) transferred the instant right to collateral security from the National Bank of Korea; (b) reported the creditor’s change on January 13, 201; and (c) on January 7, 2014, the auction court G with the Seoul Western District Court that took place on January 7, 2014.

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