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(영문) 서울남부지방법원 2016.05.19 2015나26288
부당이득반환
Text

1. Upon receipt of a claim for change in exchange at the trial court, the defendant is the Jeju District Court in 2014.

Reasons

1. Basic facts

A. On November 4, 2011, in Jeju-si, which was owned by the Defendant, the registration of the establishment of a neighboring mortgage-backed property, which was 156,000,000 won for maximum debt amount, and 4555 square meters for Jeju-si, Jeju-si, Jeju-si (hereinafter “each of the instant real estate”), was completed on November 4, 201, with respect to the establishment of a mortgage-backed property, which was 156,00,000 won for maximum debt amount and the debtor limited liability company.

B. On November 1, 2012, the Jeju District Court rendered a voluntary decision on the commencement of auction to each of the instant real estate as G on November 1, 2012 and the registration of the voluntary decision on commencement of auction was completed on the same day.

(hereinafter “instant auction procedure”). C.

On January 8, 2013, E, the Defendant, as the surety, guaranteed the obligation of KRW 410,00,000 to the Plaintiff, and the Defendant, as the surety, guaranteed the obligation of KRW 410,00,000 to the Plaintiff. On January 21, 2013, on each of the instant real estate owned by the Defendant for the said E, the Plaintiff had completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 200,00,000 and the obligor E.

The date of the completion of the auction procedure in this case was January 24, 2013. On December 12, 2014, the following distribution schedule was prepared to distribute the surplus of KRW 31,650,90 to the Defendant, who is the owner on the open date of distribution, as well as KRW 31,650,90. The Plaintiff excluded the distribution schedule from the above distribution schedule on the ground that the creditors, who reported the right to demand distribution and made a demand for distribution on November 2014, the period of the completion of the distribution in the order of distribution, 57,763,090 for the creditors, 1 Dong-ju Saemaul Community Depository Co., Ltd., 57,763,090, 6902, and 156,000,000,000, 156,000,000 of the right to demand distribution and the right to demand distribution on the grounds that the creditors were the owners of the right to demand distribution.

E. Accordingly, in the instant auction procedure, the Plaintiff is the Jeju District Court 2014Kahap1092 regarding the claim for the above dividends that the Defendant would receive.

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