logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2016.11.22 2016가단4251
부당이득금반환
Text

1. The defendant shall be the defendant in the case of the compulsory auction of real estate C with Seosan District Court Daejeon District Court Daejeon District Court.

Reasons

1. Basic facts

A. D was awarded a successful bid on November 15, 2002 No. 105 (hereinafter “instant apartment”).

B. As to the apartment of this case, ① The Jinjin Fisheries Cooperatives completed the registration of establishment of a collateral security on November 16, 2002, with the maximum debt amount of KRW 19 million, ② the registration of provisional seizure on June 13, 2008, with the claim amount of KRW 128,760,273, and the claim amount of October 10, 2008, ③ the registration of establishment of a collateral security on March 10, 2009, ④ the registration of establishment of a collateral security on March 10, 200, and ④ the registration of seizure on October 18, 2013.

C. On July 25, 2014, the Defendant rendered a judgment in this Court 2009Gahap1572 against D as the executive title of the loan case.

② The provisional seizure of 128,760,273 cause of the claim was ordered to commence the compulsory auction (this court C; hereinafter referred to as “instant compulsory auction”). D.

On July 22, 2015, the following distribution schedule (hereinafter “instant distribution schedule”) was drawn up on the date of distribution of the procedure for compulsory auction by official auction.

The amount to be actually distributed shall be 53,34,355 of the dividends claimed by the creditor(s) 1 of the Jinjin Fisheries Cooperatives (right to collateral security holders) 35,00,000,000 35,000,000 35,000,000 in the amount to be actually distributed (right to collateral security holders) 88,927,080 (legal due date 2,848,796, 2013), 387,450 (the National Pension Service as of March 3, 2011), 37,7413 (the sum of the right to collateral security holders 251, 375,4754,450 (the National Pension Service as of March 3, 201)

E. The Defendant filed a lawsuit of demurrer against the Plaintiff and F (this Court Decision 2015Da6595) against the Plaintiff and F, and accordingly, the amount of dividends against F and the Plaintiff was deposited respectively.

On February 17, 2016, this Court rendered a ruling that the amount of dividends to F in the instant dividend table shall be KRW 0,000, and that the amount of dividends to the Defendant shall be corrected to KRW 35,00,000 (a claim against the Plaintiff against the Plaintiff) shall be corrected (a claim against the Plaintiff).

(f).

arrow