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Reasons
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(영문) 창원지방법원마산지원 2016.12.22 2016가단103548
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 24, 2014, the Defendant filed an application for a compulsory auction on the land D and E owned by the Changwon District Court for a compulsory auction (the Changwon District Court Branch F, G (Dual) and hereinafter “instant auction procedure”).

[2] On July 27, 2015, H, I, and the Plaintiff demanded the instant auction procedure to distribute dividends, and the distribution schedule was formulated as follows.

The distribution ranking creditor (cost) 1,086,920, 1,086, 920, 1,086, 920, and 335,371, 453, 373, 453, 738, 360, 738, 360, 83, 83, 13,058,093, 13,097, 1495 J. 5, the Plaintiff, after his name, had been named A.

1,349, 630, 136 21,218,576 5 B (Defendant) 236,66, 276, 2720, 813 5 I,318,401,798 20,960,8823) The Defendant appeared on the above distribution date, and raised a lawsuit of demurrer against distribution against H, I, and the Plaintiff, and brought a lawsuit of demurrer against distribution against the Defendant (hereinafter “the lawsuit of demurrer against distribution of this case”).

B) B. B. B. The Defendant asserted that the respective claims for distribution by H, I, and the Plaintiff were the largest claims in a lawsuit of demurrer against distribution of the instant case. On May 16, 2016, the said court rendered a ruling of recommending reconciliation with respect to the said parties (hereinafter “decision of recommending reconciliation”), and the said ruling became final and conclusive by failing to raise any objection.

Decisions

1. From among the distribution schedule prepared on July 27, 2015 by the said court with respect to the compulsory auction of real estate in the Changwon District Court D, J, and I, the Plaintiff (B) and the Defendants (H, J, and I), the dividend amount of KRW 13,097,149 won against the Defendant H is KRW 4,00,000, the dividend amount of KRW 21,218,576 won against the Defendant J is KRW 20,000,000, the dividend amount of KRW 20,727,611 won against the Defendant I is KRW 0,00, and KRW 3,720,813 won against the Plaintiff, the dividend amount of KRW 3,720,813 won against the Plaintiff is 34,764.

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