Where a person having a provisional registration required for a demand for distribution fails to demand a distribution by the deadline for the demand for distribution, he/she shall not receive the distribution.

Even if a creditor has the right to preferential reimbursement under the substantive law, the plaintiff, who is a person having a provisional registration that requires a demand for distribution, failed to make a demand for distribution until the period for demand for distribution, and thus, the distribution schedule prepared by the court of execution excluding the plaintiff from the distribution has been prepared and confirmed, and was distributed to the defendants pursuant to such final distribution schedule,

2012 relative 78076 Return of unjust enrichment

AA comprehensive architectural firm engineering corporation

Three Overseas of the Republic of Korea

August 22, 2012

September 11, 2012

1. The plaintiff's claims against the defendants and the succeeding intervenor by the limited company specializing in the first securitization of Korea'sBBB. are dismissed, respectively.

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

The plaintiff, and the defendant Republic of Korea shall pay 000 won, and 000 won, and 000 won to the defendant bank, and 000 won and 20% per annum to the delivery date of a copy of the complaint in this case from December 29, 201 to the delivery date of a copy of the complaint in this case, and 5% per annum from the next day to the full payment date.

1. Basic facts

A. On June 12, 2006, and March 13, 2007, the Plaintiff lent KRW 000 to the non-party DD city maintenance company, respectively, and on March 13, 2007, the Plaintiff jointly and severally guaranteed each of them. In addition, on December 11, 2007, the Plaintiff lent KRW 00 to the non-party DDDM Co., Ltd. (DD city maintenance company was changed to the DD engineering construction office, and DD engineering construction office was merged into DDM office, and the DD engineering construction office was merged into DDM office) as a joint and several surety.

B. On December 11, 2007, the registration of the right to claim the transfer of ownership in the name of the plaintiff was completed on the same day with respect to the OO-O apartment Nos. 000,000, O-O apartment No. 0000 (hereinafter "the real estate in this case") owned by the Nam-gu Incheon Metropolitan Government on December 11, 2007.

C. On October 7, 2010, the Korea PP Bank Co., Ltd., a senior mortgagee on the instant real estate.

In the same month, the Incheon District Court applied for voluntary auction and the voluntary auction procedure was conducted on the 8th day of the same month (hereinafter referred to as "the auction procedure of this case").

D. The copy of the register on the instant real estate was written by the Plaintiff’s address as 000 OOO 00, while the Plaintiff transferred the office around January 25, 2010 to 00 OO buildings in Gangnam-gu Seoul, Seoul, the Plaintiff did not change the Plaintiff’s address.

E. On October 18, 2010, the executing court served a peremptory notice by the method of delivery to the address indicated in the Plaintiff’s certified copy of the register, and publicly announced December 27, 2010, which is the type of demand for distribution, on the 19th of the same month. In addition, the said court served a notice of the date of sale and decision of sale on July 14, 201, and a notice of the date of distribution on December 5, 201, by the method of delivery to each same address.

F. As a result of the above auction, the instant real estate was sold on October 28, 201, and on December 29, 201, the executing court distributed 000 won to the non-party, Incheon Nam-gu, which deducted the execution cost from the amount to be distributed on December 29, 201, and KRW 100 to the non-party, Korea, and KRW 00 to the non-party, Korea, and KRW 00 to the non-party, and KRW 00 to the non-party, Korea, Korea, and the non-party, Korea, and the non-party, Korea, Korea, and Japan, and KRW 00 to the non-party, Korea, Inc., and KRW 30 to the Defendant, Inc.

[Basis of Recognition] The non-contentious facts, Gap evidence Nos. 1 through 5 (if available, including any number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion

In the auction procedure of this case, the court of execution shall proceed with the auction procedure without lawful delivery to the plaintiff, who is the person having the provisional registration, and the delivery of documents alone, and the plaintiff, who is the senior creditor, did not receive the distribution, and the distribution was made to the defendants, who are subordinate creditors, rather than the plaintiff. Therefore, the defendants who acquired profits

B. Determination

1) Whether the demand for distribution by the person holding the provisional registration for security is necessary

Article 16 of the Provisional Registration Security Act (hereinafter referred to as the "Provisional Registration Security Act") provides that "where a decision is made to commence a compulsory auction, etc. on any real estate on which a provisional registration concerning the transfer of ownership has been made, if such provisional registration is a provisional registration against a person holding a right to a provisional registration, the court shall notify the person holding a right to a provisional registration of the details thereof and the existence, cause and amount of such credit (including interest and other incidental claims), and where the provisional registration for security is not a provisional registration for security, the court shall notify the court to report the relevant details thereof to the court for a reasonable period (paragraph (1)), and where the provisional registration for security completed before the seizure is completed by sale, the creditor may receive a dividend or a repayment (paragraph (2))," and where the provisional registration for security completed before the seizure is reported by sale, the right to receive a distribution of the proceeds of sale shall be lost unless the person holding a right to a provisional registration for security falling under paragraph (2) fails to declare a claim within the period determined by the court of execution (Supreme Court Decision 2007Da25278, Sept. 111, 28, 2008).

2) Whether delivery is lawful in the auction procedure of this case

Although it cannot be said that a person entitled to provisional registration has an obligation to change the address in the register, and if the plaintiff changed the address in the register of the register, if the court of execution sent it to the plaintiff in the register of the register, the plaintiff appears to have been able to have been served with the highest notice, etc., and Article 8 (1) of the Civil Execution Rule provides that "the highest notice and notice in civil execution procedures may be given in such a way as deemed reasonable, unless otherwise expressly provided, in the civil execution procedure", the highest notice such as reporting claims to the person entitled to provisional registration in this case constitutes one of the highest notice in the civil execution procedure (Supreme Court Decision 2007Da25278 Decided September 11, 2008). Therefore, it cannot be deemed that the delivery by the court of execution in this case is unlawful.

3) Sub-decisions

Therefore, even though the plaintiff is a creditor having the right to preferential reimbursement under the substantive law, the plaintiff, who is a provisional registration holder in need of demand for distribution, did not demand a distribution until the final period for demand for distribution, and the distribution schedule prepared by the court of execution excluding the plaintiff from the distribution, was prepared and confirmed, and was distributed to the defendants in accordance with such finalized distribution schedule, and it cannot be deemed that there is no legal ground (Supreme Court Decision 98Da12379 Decided October 13, 1998).

3. Conclusion

Then, the plaintiff's claim of this case is dismissed as it is without merit.