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(영문) 수원지방법원 2015.12.11 2015가합63827
부당이득금
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 the Defendant are the obligees for construction price for B and C as construction business operators who concluded each construction contract between B and C as owner with respect to new construction of each building listed in the separate sheet (hereinafter “instant hotel”) around 2009.

On November 2009, the Defendant delegated the Plaintiff with matters concerning the right of retention on the hotel of this case.

B. On February 2, 2010 after completion of the instant auction procedure, the hotel was registered to preserve ownership in B and C on February 2, 2010. As to the hotel and the site of the instant case, the right to collateral security (hereinafter “instant right to collateral security”) was established.

(C) On September 20, 2010, the Chuncheon District Court rendered a voluntary auction proceeding D on September 20, 2010 (hereinafter “instant auction proceeding”).

(2) On November 201, 2010, the National Bank of Korea transferred the secured debt of the instant case to a limited-liability company specializing in the Fladil First Asset Securitization (hereinafter “FD”), and the assignment of the said secured debt was notified to C around that time.

3) On December 22, 2010, in the instant auction procedure, the Plaintiff filed an application for distribution against B with respect to the amount of KRW 195,800,000 and delay damages for the hotel restaurant of this case, other than the hotel restaurant of this case. On March 14, 2011, the Plaintiff submitted an amendment stating that “I would like to clarify that documents submitted to your court on December 22, 2010 are the lien report.” The Defendant filed an application for distribution of KRW 900,000 with respect to promissory notes with respect to B and C on December 20, 2010, with the above credit secured on September 27, 2011, and filed a lien report with respect to the instant mining construction corporation (hereinafter “broadband construction”) and the instant site at the auction procedure.

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