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Reasons
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(영문) 인천지방법원 2015.07.01 2014가단85871
부당이득금등반환
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 60,000,000 and the interest thereon from March 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 1, 2013, between the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant 2”), a notarial deed on promissory notes (No. 242, 2013, hereinafter “instant notarial deed”) consisting of Defendant 2 and C, the payee, the Plaintiff, and the Plaintiff at par value 110,000,000 was drawn up.

B. On April 5, 2013, Defendant 2: (a) the same month as to the volume of 184.1 square meters in Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant real estate”);

3. At the time, the registration of ownership transfer was completed due to sale, and at the time, the debtor was F and the registration of ownership transfer was completed in the future by Defendant Jinjin Fisheries Cooperatives (hereinafter “Defendant 1”) with the maximum debt amount of KRW 59,000,000.

C. Meanwhile, as F did not pay the debt to Defendant 1, Defendant 1 filed an application for voluntary auction on the instant real estate, and accordingly, on July 16, 2013, the voluntary auction procedure (hereinafter “instant auction procedure”) commenced with the Incheon District Court G on July 16, 2013.

In the instant auction procedure, the Plaintiff was awarded the instant real estate and completed the registration of ownership transfer on July 15, 2014. The Defendant reported the total amount of KRW 534,085,171 and received dividends of KRW 494,824,199 among them.

Meanwhile, the Plaintiff was paid KRW 50,000,000 out of the amount of KRW 110,000,000 on the Notarial Deed by Defendant 2.

[Reasons for Recognition] Defendant 1: A without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, defendant 2, the purport of the whole pleadings, and the purport of the whole pleadings (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above facts, barring any special circumstance, Defendant 2 obtained the remainder of KRW 60,000,000 obtained by subtracting the Plaintiff from the amount of KRW 110,000,000 on the notarial deed of this case from the amount of KRW 110,000,000, and as requested by the Plaintiff, from March 24, 2015 to the date of full payment, the copy of the complaint of this case was served on Defendant 2, as requested by the Plaintiff.

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