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(영문) 청주지방법원 2015.11.12 2014가합26726
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. In the case of Cheongju District Court Decision 2009Da5589 (main lawsuit), 2010Gahap3718 (Counterclaim wage, etc.), and 2010Gahap3879 (Counterclaim), the above court decided September 26, 2012 that “the deceased shall pay to the plaintiff A 80 million won and interest thereon at the rate of 20% per annum from July 20, 2010 to the day of full payment, 60 million won, 200 million won and interest thereon from June 11, 2009 to July 19, 2010, 20000 to the plaintiffs [200Da371444, etc.] The deceased shall be paid at the rate of 20% per annum from the next day to the date of full payment to the date of 205Da27145, etc. (the above judgment of 205Da2754, Feb. 27, 2010

B. On March 28, 200 with respect to the land E, E, above E, and one parcel of land, and the land F (hereinafter “each of the instant real property”), owned by the Defendant, the registration of creation of a collateral security (hereinafter “mortgage 1”) was terminated on April 1, 200, which is the collateral security (hereinafter “mortgage 1”) which is the mutual savings and finance company (hereinafter “mutual savings and finance company”) (hereinafter “mutual savings and finance company”). On the other hand, on March 31, 2008, the registration of the creation of the collateral security (hereinafter “mortgage 2”) was terminated on March 28, 200, while the registration of the creation of the collateral security (hereinafter “mortgage 2”) was completed on the ground of termination on April 1, 2008, the maximum debt amount was KRW 490,000,000,0000 with respect to the debtor, the deceased, and Cheongju Mutual Savings Bank Co., Ltd. (hereinafter “Cheong Mutual Savings Bank”).

C. In the case of a compulsory auction on real estate owned by the deceased, such as the Cheongju District Court of Cheongju-si, the said court distributed KRW 241,769,187 out of the amount to be actually distributed on December 16, 2014 to the Plaintiff A, and KRW 186,658,482, respectively.

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