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(영문) 대전지방법원 2014.06.26 2014가단201503
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 12, 201, the auction procedure was commenced to Daejeon District Court AC with respect to seven parcels of land, including a total of 9,303 square meters of land for a factory in Geumsan-gun, Chungcheongnam-gun. On February 29, 2012, the period for filing a demand for distribution in the auction procedure to the said AC was on February 29, 2012, and the Plaintiffs did not file an application for demand for distribution by the relevant period for filing a demand

B. On May 2, 2012, the auction procedure was initiated with the Daejeon District Court as AE on May 2, 2012 with respect to four parcels of real estate, including the aggregate of 19,513 square meters of AD AD forests, Chungcheongnam-gun, Chungcheongnam-gun, Daejeon District Court, and the said procedure was combined with AC on the same day. The Plaintiffs filed an application for a demand for distribution on July 10, 2012, which is the completion period for demand for distribution of the Daejeon District Court as of July 18, 2012.

C. In the procedures of Daejeon District Court AC and AE (Joint), the Plaintiffs received only dividends from the successful bid price at the Daejeon District Court AC and did not receive dividends from the Daejeon District Court AE successful bid price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Although the plaintiffs did not demand a distribution in the Daejeon District Court AC auction procedure, they should receive a distribution from the successful bid price of the above auction procedure as the top priority wage and retirement allowance creditor.

Therefore, even though the Plaintiffs received dividends of KRW 172,405,01 in total in the Daejeon District Court AC and AE (Joint) procedures, they did not receive dividends of KRW 82,447,753, and did not receive the remainder of KRW 89,957,258. Since the Defendant received the said amount as dividends, the Plaintiffs seek for the return of unjust enrichment (attached Form 2) and for the payment of each amount indicated in the claim amount sheet and the delay damages.

B. The creditor demanding a distribution, stipulated in Article 88(1) of the Civil Execution Act, may receive the distribution only in cases where he/she has made a demand for distribution by the deadline for demanding a distribution. In cases where he/she has not made a lawful demand for distribution, it is also a creditor who has the right to demand a preferential reimbursement under substantive law, such

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