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(영문) 춘천지방법원 영월지원 2018.01.24 2017가단11181
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff

The gist of the assertion is that the Plaintiff obtained a right to collateral security of KRW 80,000,000 with respect to the 4,144 square meters of pine trees and Gangseo-gun, Pyeongtaek-gun, the Plaintiff obtained a right to collateral security of KRW 350,000 with respect to the 4,144 square meters of forest land in Pyeongtaek-gun. The said real estate was established prior to the priority of KRW 350,00,000 in order to secure the Defendant’

Since the Defendant prepared a distribution schedule with the content that KRW 250,525,500 shall be distributed to the Defendant based on the right to collateral security, etc. in the Youngcheon District Court D Voluntary Auction case with respect to the said real estate, even if the Defendant received full repayment of the loan from pine trees and steel, the Defendant shall return to the Plaintiff 80,000,000 out of the dividends that the Plaintiff shall receive as unjust enrichment.

Judgment

Comprehensively taking account of the entries in Eul 1 through 8 (including provisional numbers) and the overall purport of the pleadings, the fact that as of June 21, 2017, as of June 21, 2017, the Defendant’s remaining interest on loans for pine trees and lectures was 265,859,000 won in total, and 8,200,000 won in total, and the amount that exceeds 250,000,000 won in the amount of dividends against the Defendant (the amount is the amount of dividends distributed to the Defendant in relation to the right to collateral security).

Therefore, the plaintiff's assertion on the premise that the defendant was paid a loan from pine tree and river is without merit without any further consideration as to the remainder of the argument.

In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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