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(영문) 청주지방법원제천지원 2015.07.17 2014가합669
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Case summary

A. The Defendant and C newly constructed and operated “E” on the ground and nine parcels outside Chungcheong-gun D, Chungcheong-gun, and operated it as a partnership business.

(hereinafter referred to as “instant real estate” in total. B.

In September 2009, the Defendant and C leased the stores in E (hereinafter “instant stores”) to F and G at KRW 150,000,000 as lease deposit.

Since then, on December 2, 2009, the Defendant and C set up a right to collateral security with a maximum debt amount of KRW 150,000,000 with respect to part of the instant real estate in the future F and G as security for the obligation to return the said lease deposit.

C. Upon the failure of trust due to the conflict between C and C due to the infertility, the Defendant withdrawn from the above partnership relationship on February 9, 2010, and thereby C operated the funeral hall of this case solely by himself.

C Around August 201, the Agreement with F and G was terminated, and on August 26, 2011, the Plaintiff leased the instant store at KRW 150,000,000 to the Plaintiff.

On September 5, 2011, C created a right to collateral security with respect to the share of C, among the instant real estate, at the time of the Plaintiff, at KRW 150,000,000.

Upon the application of the National Bank of Korea, the Cheongju District Court, which commenced on August 29, 2012, submitted a claim statement of KRW 150,000,000 in total amount of principal and interest on the instant real estate as the mortgagee’s position, and the Defendant also submitted a claim statement of KRW 150,000,000 in total, as the mortgagee’s status.

On October 21, 2013, the execution court prepared and presented the following distribution schedule on the date of distribution, and the defendant raised an objection against F and G in full.

The dividend dividend ratio creditor 3,790,120 3,790 , 120 , 120 , 120 ,20 , 10.00 .

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