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(영문) 창원지방법원진주지원 2017.08.18 2016가단38067
부당이득금
Text

1. The Plaintiff:

A. As to March 1, 2017, Defendant A and C, each of the above amounts of KRW 5,769,230 and each of the above amounts:

B. Defendant B and D are the same.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the defendant Gap as Changwon District Court 2008Gadan28307, and the above court rendered a judgment on July 16, 2008 that "the defendant A shall pay to the plaintiff 38,747,557 won and 22,506,749 won with interest rate of 17% per annum from March 19, 2008 to the date of full payment" and the above judgment became final and conclusive around that time.

B. On April 2, 1999, Defendant A completed the registration of creation of a mortgage on a maximum debt amount of 30,000,000 square meters for establishing a contract on April 1, 1999 with respect to the land of 139 square meters (hereinafter “instant real property”) owned by the deceased L.

(hereinafter “instant collateral security”). C.

On July 14, 2014, the Plaintiff applied for a compulsory auction on the instant real estate to N, and received a decision to commence compulsory auction on July 14, 2014. On May 30, 2016, the said auction court distributed to the Plaintiff KRW 7,002,868 to the Plaintiff at the order of 191,750 won, 30,000 won, 300,000 won, and 30,000 won to the network L with the order of priority (a collateral mortgagee) (a collateral mortgagee).

1) The deceased L was deceased on February 2, 2002 and around February 2, 2002. At the time of the death, Defendant E, a spouse of the deceased, Defendant A, C, D, and deceased on December 11, 2006, and Defendant F, G, and H. The inheritance shares were 3/13, Defendant A, B, C, and D, respectively, and Defendant E/17 (2/13 x 3/9), Defendant F, G, and H (2/9 x 2/13 x 2/9). The deceased on December 11, 2006, Defendant A, C, D, Q, and deceased on December 4, 197, Defendant E/M’s spouse and children at the time, Defendant E/L’s spouse and children were not Defendant J. 4, 197, Defendant E/M’s spouse and children.

Inheritance shares of Defendant A, B, C, and D are 3/78 (=3/13 x 1/6 x 1/6). Defendant I is 3/182 (3/13 x 1/6 x 3/7), Defendant J, and K are 2/182 (=3/13 x 13 x 1/6 x 2/7). Defendant E is 3/234 (3/13 x 1/6 x 3/9). Defendant F, G, and H are 2/234 (3/13 x 1/6 x 2/9).

3 The final share of inheritance shall be defendant A, B, C.

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