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(영문) 춘천지방법원원주지원 2016.11.16 2016가단31663
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 7, 2006, the National Agricultural Cooperative Federation (hereinafter “CF”) loaned KRW 1 billion to Nonparty A. In order to secure the principal and interest of loan at the time of loan, the mortgage amount of KRW 1.2 billion was set up with respect to the land, such as Won-si, Gangwon-do (hereinafter “instant auction property”) and thereafter, with respect to the building newly constructed on the ground (hereinafter “instant auction property”), the claim amount was KRW 1,056,241,104 with respect to the said land as KRW 1,056,241,04 with respect to the said land (hereinafter “instant auction property”).

B. The Defendant acquired all rights, such as the principal and interest of loans against Nonparty A and the right to collateral security incidental thereto from Nonghyup.

C. The auction goods 2 and 3 of this case, together with other real estate owned by the non-party A, were sold at auction and distributed at the same time in the original state branch C, D (Dus), E, F (Consolidated) real estate auction case (hereinafter “the auction of this case”), and the details distributed by the defendant are as follows.

(h) fact that there is no dispute (based on recognition), entry in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. In the auction of this case, the Defendant reported the amount of credit to KRW 1,613,871,240 as a mortgagee for the property 2, and received the entire maximum debt amount of KRW 1,200,000 as a dividend for the said right to collateral security. Thus, the remaining amount of credit of the Defendant should be limited to KRW 413,871,240, and the Defendant reported only KRW 413,871,240, which is the remaining amount of credit for the property at auction of this case, to the extent that the Defendant reported only KRW 413,871,240, which is the remaining amount of credit for the property at auction of this case.

Through this, the defendant received 207,807,952 won for 3 goods at the auction of this case, but the amount to be distributed to the original defendant is KRW 86,481,841, and eventually, the defendant is the defendant.

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