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(영문) 광주지방법원목포지원 2016.12.07 2015가단8726
부당이득금
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from June 26, 2015 to June 8, 2016, and the following.

Reasons

1. Facts of recognition;

A. On October 7, 2009, the Defendant and his wife (hereinafter collectively referred to as the “Defendant, etc.”) entered into a contract for the lease of the instant maternity with E, the owner of the land D and the seven-story cartels on its ground (hereinafter referred to as the “instant cartels”) on October 7, 2009, and after having registered its business in the name of C, they occupied and used the instant cartels from around that time.

B. On August 30, 2013, the Plaintiff: (a) awarded a bid for the instant telecom and the pertinent D land in the procedure of the instant voluntary auction for real estate rent (hereinafter “instant voluntary auction”); and (b) completed the registration of ownership transfer as to a half of the same day, respectively.

C. Meanwhile, on May 4, 2011, at the auction procedure of the instant case, C reported a lien on May 4, 201, stating that “The cost of replacing the goods and cost of repairing construction for the instant cartel shall be KRW 150,000,000 as the secured claim” to the auction court, and the agricultural cooperative management company (the instant voluntary auction application) which is the creditor of the right to collateral security regarding the instant cartel (the Plaintiff filed an application for the instant voluntary auction) was awarded a favorable judgment by filing a lawsuit seeking confirmation of existence of the right to retention against C and C as the Gwangju District Court Branch Decision 201Ga1854, the Gwangju District Court Decision 201Na4915, Apr. 8, 2013, which is the appellate court of the instant case, verified that C had a lien equivalent to KRW 70,00,000 of the preserved claim regarding the instant cartel, and the Plaintiff’s agricultural cooperative management company (the Plaintiff) prepared a protocol to recognize this.”

(hereinafter referred to as the “instant lien”) D. D. as the Defendant asserted.

After acquiring the ownership of the instant cartel, the Plaintiff demanded the Defendant, etc. to deliver the instant cartel, but the Defendant, etc. failed to comply with it. On September 30, 2013, the Plaintiff deposited KRW 70,000,000, which is the secured claim amount of the instant lien, with the deposit of KRW 70,000,000, as the secured claim amount of the instant lien, and filed an order to deliver real estate for the instant cartel with the Gwangju District Court H in

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