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(영문) 서울중앙지방법원 2017.09.08 2017나16388
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The defendant, on February 26, 1983, lent KRW 5,000,00 to A as "three years with a two-year grace period, equally divided repayment, and the scheduled date of expiration of repayment". At the time B (hereinafter "the deceased") guaranteed A's debt obligations.

On February 26, 1983, the Deceased completed the registration of the establishment of a neighboring mortgage with respect to the debtor, mortgagee, the defendant, the maximum debt amount of KRW 7,50,000 with respect to the debtor, the mortgagee, and the maximum debt amount of KRW 2,251 square meters, E, 288 square meters, F 737 square meters, G 2,343 square meters, H 2,313 square meters (hereinafter collectively referred to as “instant real estate”).

On December 1, 2006, upon the application of Korea Asset Management Corporation by other creditors of the deceased, the procedure for compulsory auction was initiated for the instant real estate on December 1, 2006, and the said procedure was conducted, and the instant real estate was sold to J on April 29, 2008.

In the above auction procedure on May 19, 2008, the Defendant received a dividend of KRW 7,500,000 out of the proceeds from the sale of the instant real estate as a mortgagee.

On July 1, 2010, the Deceased died, and on September 29, 2010, K, the inheritor of the Deceased, was subject to the adjudication on acceptance of an inheritance limited-liability approval as the Gwangju District Court’s Maritime Court Decision 2010Mo268 on September 29, 2010.

According to the list of property submitted by K to the above court at the time of the report of qualified acceptance, the deceased’s active property was insignificant, while the deceased’s passive property was a total of 37,149,751 won (as of August 30, 2010) against the Agricultural Cooperative Federation, and a total of 109,768,717 won (as of August 26, 2010) against the Korea Asset Management Corporation.

On August 28, 2012, the Plaintiff acquired the claim of KRW 1,978,042 (interest separate) from the Korea Asset Management Corporation to the Deceased, and filed a lawsuit against K to the Seoul Central District Court 2016 Ghana504716. The said court on August 16, 2016. The Defendant K to the extent of the property inherited from the Deceased, and 16,786,635 won among them, and 1,987.

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