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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2012.08.13 2010가단96651
부당이득금
Text

1. The Defendant’s KRW 42,906,040 as well as 5% per annum from August 30, 201 to August 13, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed an application for provisional seizure of real estate in the amount of KRW 340,800,000 with the Seoul Central District Court 2006Kadan1663 regarding each of the real estate listed in the separate sheet owned by C (hereinafter “each of the real estate of this case”). On March 27, 2006, the entry registration by the provisional seizure order was completed.

B. The Defendant filed a lawsuit against C on December 8, 2006 by Seoul Central District Court Decision 2006Ga31820, which ruled against the Plaintiff. However, on November 7, 2007, the judgment of the first instance was revoked by Seoul High Court 2006Na118199 on November 7, 2007, and the judgment was handed down. “C shall pay to the Defendant 340,800,000 won with 5% per annum from August 16, 2005 to November 7, 2007, and 20% per annum from the following day to the date of full payment.” Although C appealed appealed, the judgment of the appellate court became final and conclusive on February 29, 2008 by the final judgment of the appellate court.

C. The Plaintiff subrogated for KRW 309,243,802 to the Industrial Bank of Korea of D, a corporation, for which C had served as the representative director, and upon the agreement that C shall pay the amount of subrogation to the Plaintiff, filed an application for provisional attachment of each of the instant real estate with the Incheon District Court 2007Kahap2778, which applied for the above subrogation amounting to KRW 309,243,802 as the claimed amount, and the entry registration by the provisional attachment decision on December 12, 2007 was completed.

E applied for provisional seizure of real estate in the amount of KRW 460,00,000 as claimed by the Incheon District Court 207Kahap2777 with respect to each of the instant real estate, and on December 12, 2007, the entry registration was completed on December 12, 2007.

E. The Defendant filed an application for a compulsory auction of real estate with the Seoul Western District Court F for a real estate auction on the real estate stated in the attached list No. 2 of the attached list (hereinafter “the real estate No. 2”), and the said court shall take the first priority of the amount to be actually distributed on December 26, 2008 to the National Agricultural Cooperative Federation, a mortgagee, in the order of 359,604,514.

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