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(영문) 서울중앙지방법원 2010.08.20 2009가합90219
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Han River Construction Co., Ltd. (hereinafter “ Han River”) owned the real estate as indicated in the following table (hereinafter “the real estate of this case”). On May 25, 2007, the Plaintiff set the right to collateral security of KRW 450,000,000 with respect to the real estate of this case, and on April 20, 207, set the right to collateral security of KRW 910,000 with respect to the real estate of this case, the Plaintiff set the right to collateral security of KRW 910,000 with respect to the real estate of this case.

In the case of the public sale of a warehouse site A and a building on the ground (e.g., May 29, 2008) 1: (i) the public sale of the above Ctel No. 801 ( Nov. 14, 2008), No. 505 of the above Ctel No. 520 ( Dec. 12, 2008) of the above Ctel No. 520 of the above Ctel No. 7777, Apr. 17, 2009, the public sale of the above Ctel No. 3388 ( March 18, 2009) of the above Ctel No. 3338 of the above Ctel No. 2018 (No. 418, Apr. 27, 2009) (the above Ctel No. 3194, Apr. 27, 2009). 209

B. The Sungnam Tax Office, under the Defendant’s control, requested the delivery of the instant real estate under the public sale procedure (hereinafter “instant prior distribution procedure”). On May 29, 2008, the amount of KRW 851,225,680 to be distributed to the Defendant on May 25, 2007, prior to the date of establishment of the Plaintiff’s right to collateral security, KRW 4,482,581,730 (the amount of delinquent taxes against the Daejeon Metropolitan City and the Defendant was KRW 1,659,73,7360, KRW 2,825,848,370 as indicated below (the amount of KRW 583,625,100, KRW 242,634,370) was more than the amount of the Plaintiff’s right to collateral security (the amount of KRW 1,659,733,360 as indicated below, KRW 204,000 among the Defendant’s dividends was set to be distributed to the Defendant 241,44.74.

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