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(영문) 서울중앙지방법원 2015.10.08 2014가합565939
부당이득금 반환
Text

1. The defendant is the Seoul Western District Court with respect to the share of 3/8 of each real estate listed in the attached Table 1 list.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 4, Eul evidence 1 (including paper numbers), and the whole purport of arguments.

As to the portion of each real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as the “instant real estate”), the registration of ownership transfer was completed in the name of the Plaintiff with respect to the remaining portion of 1/2 in the name of the Plaintiff, and with respect to the remaining portion of 1/2 in the name of the Plaintiff. On March 28, 2006 and July 26, 2006, C created each right to collateral security (hereinafter collectively referred to as the “instant right to collateral security”) with respect to the portion of 1/2 in the Plaintiff’s name. On March 13, 2009, C completed the registration of ownership transfer with respect to the said portion of 3/8 shares (the entire criteria of the instant real estate) which is part of the said

B. On August 27, 2009, on the basis of the instant right to collateral security, the Plaintiff filed an application for voluntary auction with the Defendant for the said 3/8 shares and 1/8 shares remaining in the name of the Defendant (Seoul Western District Court D) and the said voluntary auction procedure (hereinafter “instant voluntary auction procedure”) to purchase all of the above shares and pay the sale price, and the ownership transfer registration was completed as of June 4, 2010 by the Yongsan District Court registration Office No. 17598 (No. 17598) received on June 4, 2010, and the National Agricultural Cooperative Federation (hereinafter “CF”) completed the registration of creation of a mortgage near the maximum debt amount of 1.2 billion won with the same registry office as of June 4, 2010.

C. On July 13, 2010, the Plaintiff received dividends of KRW 352,80,000 as a mortgagee and KRW 216,701,50 as a person holding a provisional seizure, and KRW 569,501,554 as a person holding a right to collateral security. The Defendant received dividends of KRW 668,815,272 as the owner of the said 3/8 shares.

On the other hand, on September 25, 2009, the defendant filed a lawsuit against the plaintiff claiming the cancellation of the right to collateral security of this case with respect to the above 3/8 shares as invalid (Seoul Western District Court 2009Gahap12610). As above, the registration of ownership transfer in the name of the plaintiff has been completed and the registration of ownership transfer has been cancelled.

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