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(영문) 수원지방법원성남지원 2015.07.14 2014가단23750
부당이득반환
Text

1. As to KRW 32,763,470 among the Plaintiff and KRW 25,977,178 among the Plaintiff, the Defendant’s year from August 6, 2014 to June 8, 2015.

Reasons

1. On June 10, 201, the registration of the establishment of a mortgage (390,000,000 won, C) in the name of the Defendant was owned as of September 14, 2010. ② On October 18, 2010, the registration of the establishment of a mortgage (300,000,000 won, C) in the name of the Plaintiff was forged by forging relevant documents. ② On January 27, 201, the registration of the establishment of a mortgage (247,00,000,000,000 won) in the name of the Defendant on January 27, 201, the registration of the establishment of a mortgage (130,000,000 won, 4) in the name of the Defendant on July 8, 2011, the registration of the establishment of a mortgage (130,000,000 won, 3) in the name of the Plaintiff on September 11, 2019

A. The registration relationship with respect to B Dae-si, Gwangju-si (hereinafter “instant land”) and multi-household housing (multi-household housing; hereinafter “instant housing”) 102 and 201 on its ground

B. On November 12, 2012, at the Defendant’s request, who is a mortgagee, the instant housing No. 102, the auction procedure was commenced on November 12, 2012, with respect to the instant housing No. 102, Suwon District Court Sung-nam Branch E.

In the appraisal conducted at the above auction, the value of the house 102 was assessed as KRW 155,00,000 (the assessed value of the building part of KRW 93,00,000, and the assessed value of the site ownership of KRW 62,00,000).

(2) On February 6, 2014, the said auction court prepared a distribution schedule that distributes the full amount of KRW 91,694,175 to the Defendant, who is the applicant creditor and the mortgagee, both of whom are the applicant creditor and the mortgagee.

(3) On March 5, 2012, the Plaintiff, who has the right of provisional attachment and the right of provisional injunction, shall be entitled to the right to claim the recovery of the registration of cancellation of the right to collateral security due to a tort, and shall be supported by the Suwon District Court in Sung-nam on the instant land.

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