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(영문) 의정부지방법원 2020.02.20 2018나212987
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 17, 2008, the Plaintiff and the Defendant concluded a contract between the Plaintiff and the non-party company to acquire from the non-party company the right to claim against D’s bankruptcy trustee D (hereinafter “D”) against the non-party company for the non-party company’s bankrupt medical corporation D (hereinafter “the non-party company”), and the non-party company’s claim against the non-party company regarding the non-party company’s 1,560,000 square meters and its ground buildings (hereinafter “each real estate of this case”), which are the maximum debt amount of the non-party company’s 1,560,000 square meters and the non-party company’s 1,50,000 won as the secured debt (hereinafter “the acquisition contract of this case”).

B. The Plaintiff and the Defendant contributed KRW 1,060,000,000 to the Plaintiff, and each of the Defendant contributed KRW 500,000,000,000 under the instant acquisition contract, and around that time, paid KRW 1,50,000 out of the above amount to the Nonparty Company as the acquisition price, and the remainder of KRW 60,00,000 was to be used at the expense.

C. The Plaintiff and the Defendant completed the registration of transfer of each of the instant real estates on December 18, 2008.

On December 23, 2010, the Seoul Western District Court G, H (Dual) auction procedure on each of the instant real estate was conducted, and KRW 2,002,00,000 was distributed to the original Defendant on December 23, 2010. On the distribution date, D stated an objection against KRW 500,200,00 out of the above dividend amount against the original Defendant on the distribution date, and filed a lawsuit of demurrer to a distribution (Seoul Western District Court 2010,17383), but the Seoul Western District Court declared that D’s claim was dismissed, and the above judgment became final and conclusive.

The Plaintiff and the Defendant divided the dividends distributed as above according to the ratio of 106:50, which is the ratio of their investments.

E. Meanwhile, on September 28, 2010, the Seoul Central District Court was declared bankrupt on September 28, 2010 as Seoul Central District Court Decision 2010Hahap68, and in the bankruptcy procedure.

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