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(영문) 서울남부지방법원 2020.12.15 2020가합110725
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 14, 2019, the Plaintiff’s provisional attachment (Uinam District Court 201Kadan5021, claim amounting to 334,527,084 won) was completed on February 14, 2019, with respect to the Plaintiff’s registered property (including both the Plaintiff and the Plaintiff’s real property) with respect to the Plaintiff’s 535m2, D large 40m2, D large 40m2, 102 above above ground-ground and 3m27,084.

B. With respect to the instant real estate, B’s creditors filed an application for a compulsory auction (i.e., support E, F, G (Dupl) of the real estate (U.S. District Court) and rendered each decision to commence compulsory auction after July 3, 2019.

(hereinafter the above auction procedure is referred to as “instant auction procedure.”

1) In the auction procedure of this case on February 26, 2020, the Plaintiff submitted a claim statement of KRW 256,54,658, overdue interest of KRW 39,946,684, and KRW 1,940,742, a sum of KRW 256,542,084, which is the total amount of KRW 214,654,658, overdue interest of KRW 39,946,684, and KRW 1,940,742. In March 2, 2020, the Defendant filed a claim for issuance (hereinafter “request for issuance of this case”).

Creditors I: (1223 44444445 12 23 4444 of the distribution order at the Sungnam District Tax Office, Sungnam District District Court, Sungnam District Court, Sungnam District Court; (27,000,000,000 525,9906,604,6804,150,000,0000,130,000130,000130,40140,000,0000,0010,0010,000,010,001,000,000,000, 10,000,000, 10,000,001, 10,000,000,000,000, 16,000,000,010,000,000

D. In the instant auction procedure, the instant real estate was sold to H on February 13, 2020, and the said court was not established as follows on the date of distribution implemented on March 26, 2020.

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