logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원제천지원 2017.10.18 2016가단21465
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 28, 2001, the registration of ownership transfer in the Plaintiff’s name was completed on February 28, 2001 with respect to 1/2 shares (hereinafter “instant shares”) out of 319,517 square meters of forest land E (hereinafter “instant forest land”).

Plaintiff

B On February 25, 2004, F completed the provisional registration of the right to claim the transfer of shares on the ground of the pre-sale agreement as of February 23, 2004 with respect to the instant shares, and F completed the registration of the transfer of shares on the ground of the transfer as of January 18, 2005 to Defendant D on January 20, 2005.

B. On August 28, 2014, Plaintiff B completed the registration of creation of a neighboring mortgage on the instant share to Defendant C on the same date as the grounds for registration, the contract to establish a contract, the maximum debt amount of KRW 130,000,000, and the debtor B.

(hereinafter “instant 1-mortgage”). C.

Plaintiff

B After completing the registration of creation of a neighboring mortgage of the first place of the instant case on August 28, 2014, on the same day, the Plaintiff completed the registration of creation of a neighboring mortgage of the said case with respect to the instant shares of the Plaintiff A as of the same date as the grounds for registration, the contract to establish a contract, the maximum debt amount of KRW 170,000,000,

(hereinafter “instant 2-mortgage”). D.

On September 5, 2014, Defendant D applied for the commencement of compulsory auction on the instant shares and other real estate shares (hereinafter “instant shares, etc.”) owned by Plaintiff B based on the enforcement title against Plaintiff B on September 5, 2014, as Cheongju District Court G support, and the registration of the decision to commence compulsory auction was completed on the same day.

(hereinafter “instant auction”) e.

In the instant auction procedure, the instant shares, etc. were sold, and on the date of distribution executed on April 11, 2016, KRW 128,449,306, out of KRW 320,188,484, which was to be actually distributed out of the proceeds of sale, was distributed to Defendant C, who was the right to collateral security, and KRW 577,494, which included the details of dividends to Plaintiff A, the right to collateral security (hereinafter “instant dividend table”).

Defendant D is on the date of distribution.

arrow