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(영문) 대전지방법원 2016.08.10 2016가단1769
부당이득금반환
Text

1. The Plaintiff; Defendant Republic of Korea: 4,738,480 won; Defendant Korea Technology Credit Guarantee Fund: 34,190,719 won; and Defendant A’s 1,42.

Reasons

1. Basic facts

A. Definition Development Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of initial ownership on June 25, 199 by the Taean District Court of Daejeon, Taean District Court No. 9800, 103, 104, 410, 106, and 411 (hereinafter “each of the separate sections of this case”) with respect to B apartment No. 103, 103, 104, 106, and 411.

B. In order to secure the loans of the non-party company amounting to KRW 9,864,00,000 on May 23, 1998, the plaintiff (the trade name at that time was the Korea Housing and Commercial Bank, but was later merged with the plaintiff. The plaintiff was not divided before and after the merger; hereinafter the "the plaintiff") completed the registration of establishment of the first-class mortgage with respect to the above apartment units, including the above sub-section 492, including the above sub-sections of this case, as the Daejeon District Court Decision No. 9801 on June 25, 1999, pursuant to the debtor company, the mortgagee, the mortgagee, the maximum debt amount of KRW 12,823,200,000 on the non-party company.

C. On June 3, 2008, C entered into a sales contract with the non-party company to purchase each of the instant partitioned buildings in KRW 33,370,000, and completed the registration of ownership transfer on July 3, 2008.

C With respect to the above 103, 303, 103, 303, received on July 3, 2008 from the Daejeon District Court Taean District Court, No. 12588, and with respect to the above 104, 104, 410, the registration of creation of a mortgage for each of the third-class, the third-class, the debtor, was completed on July 3, 2008 by the same registry office, No. 12603, Jul. 3, 2008, and No. 12615, Jul. 3, 2008, with respect to the 106, 106, 101.

On June 29, 199, the second right to collateral security registered as collateral was cancelled on October 9, 2008.

Defendant A filed an application for compulsory auction with the Daejeon District Court Branch D for each of the sections of this case on January 13, 201 and the compulsory auction procedure was commenced on January 13, 2011.

F. In the above auction procedure, the Plaintiff reported the claim with the following contents.

Claim Statement No. 103, 303 - Obligor C.

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