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(영문) 울산지방법원 2015.03.20 2014가단20928
부당이득금반환
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 1,921,274, and each of the above amounts, from August 26, 2014 to August 26, 2015.

Reasons

1. Basic facts

A. On April 24, 2009, Nonparty D acquired No. 201, Dong 406 (hereinafter “the instant housing”) of the Nam-gu, Ulsan-gu E apartment.

B. (1) On March 23, 2012, Defendant C was sentenced to the judgment that “D shall pay to Defendant C the amount of KRW 85 million and the amount calculated at the rate of 24% per annum from January 1, 2012 to the date of full payment” (Ulsan District Court 201No. 42392). The said judgment became final and conclusive.

(2) On May 10, 2012, the Plaintiff was sentenced to the judgment that “D shall pay to the Plaintiff 180 million won and 30% interest per annum from December 1, 2011 to the date of full payment” (Ulsan District Court 201Gahap8207). The said judgment became final and conclusive.

(3) On August 3, 2012, Defendant B was sentenced to a judgment on August 3, 2012 that “D shall pay to Defendant B 80 million won and interest thereon at the rate of 20% per annum from October 31, 2007 to the date of full payment (Ulsan District Court 2012Da15472).” The above judgment became final and conclusive.

C. On September 5, 2012, the Plaintiff applied for a compulsory auction of real estate on the instant housing with the final judgment rendered by Ulsan District Court 201Gahap8207 as executive title, and a compulsory execution based on the above application was commenced on September 5, 2012

(F) The Ulsan District Court F; hereinafter referred to as the auction of this case).

Defendant B participated in the auction of this case on the ground that the Ulsan District Court Decision 2012Da15472, and the Defendant C participated in the auction of this case on the ground that the Ulsan District Court Decision 201Gadan42392 was an executive title.

E. On June 7, 2013, the instant auction court: (a) determined the amount subject to dividends as KRW 113,09,813 on the date of distribution; and (b) prepared a distribution schedule to the effect that the remaining creditors, including the Plaintiff and the Defendants, distribute the amount to be distributed in proportion to G, Ulsan Metropolitan City, Jung-gu, and Ulsan Metropolitan City, and KRW 63,066,290, and the Ulsan Metropolitan City, and KRW 50,03,523 (= KRW 113,09,813 – KRW 63,066,290).

The court of the auction of this case shall have the principal and interest on the obligees' claims for proportional distribution.

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