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(영문) 서울중앙지방법원 2017.05.24 2016가합546567
부당이득금
Text

1. Each Defendant shall be the Defendant from August 4, 2016 to each Plaintiff with each of the money indicated in the corresponding column of the attached Table and each of them.

Reasons

1. Facts of recognition;

A. Nonparty E: (a) on June 24, 1983, set up and transferring a right to collateral security; (b) Nonparty E is approximately 1514 square meters in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant site”).

After purchase, on December 7, 1984, the aggregate buildings of three underground floors and five stories above ground (hereinafter referred to as the “instant building”) are purchased.

2) On December 31, 1984, E newly constructed a new mortgage on the first priority priority (hereinafter “the first priority mortgage”) in the name of the Seoul Western District Court’s receipt of the Yongsan District Court’s receipt by the Seoul Western District Court (hereinafter “Seoul Trust Bank”); and on October 14, 1986, 302.2/1514 out of the instant land as of October 14, 1986, E completed the registration of creation of a new mortgage on the second priority priority (hereinafter “the second priority mortgage”) in the name of the Seoul Trust Bank, the Seoul Western District Court’s receipt by the Seoul Western District Court (hereinafter “Seoul Trust Bank”); and on the second priority (hereinafter “the second priority mortgage”).

3) With respect to the instant site, Seoul Trust Bank shall also hold the right to collateral security (hereinafter “the remaining right to collateral security”) between 2 and 11, and 13 through 15, in addition to the said right to collateral security (hereinafter “the instant right to collateral security”).

(4) On August 27, 2004, the above registry office received the above registry office's receipt of the first priority mortgage on December 2, 2002, the supplementary registration of the transfer of the right to collateral security was made on the same day, as the above registry office's receipt of the second priority mortgage on June 27, 2003, and the second priority mortgage was additionally registered on October 18, 2004 as the above registry office's receipt of the second priority mortgage on December 2, 2002, and each transfer of the right to collateral security was made on June 27, 2003 to this registry office's receipt of the above registry office's receipt of the second priority mortgage on December 30307, 204, with the supplementary registration of the transfer of the right to collateral security on December 2, 2002, and with the above registry office's receipt of the second priority mortgage on December 308, 203.

(b)an application for voluntary auction by Eno Seoul and sales therefrom are Eno Seoul;

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