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(영문) 서울남부지방법원 2018.05.17 2017나3425
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Facts of recognition;

A. 1) E is the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) around April 2001.

2) The land of this case (hereinafter referred to as “instant land”) owned by the person himself/herself in Seodaemun-gu Seoul Metropolitan Government 166.3 square meters

A) An application was filed for a construction permit to newly construct a 4-story multi-household house (pre-owned household unit 6 households, 101, 201, 202, 301, 302, 401) in the 4-story, and obtained a construction permit on April 27, 2001, E applied for a new construction permit on the instant land to the head of Seodaemun-gu around July 2001, and obtained a construction permit on July 27, 2001.

3) E is a multi-household house with the fourth floor on the instant land around September 2001 (hereinafter “multi-household house in this case”).

(2) On July 23, 2002, E entered into a mortgage agreement with the mortgagee, the mortgagee, the obligor, and the maximum debt amount of 70,000,000 won as to the instant land, and completed the mortgage registration on July 24, 2002.

2) On December 1, 2003, E entered into a mortgage agreement with the Shee Saemaul Depository and the land of this case as a collateral security, with the debtor, E, the maximum debt amount of 28,000,000 won, and completed the registration of establishment of a mortgage on December 1, 2003. 3) On October 13, 2005, upon the application of D, the compulsory auction procedure for the land of this case was commenced (Seoul Western District Court G), and on January 2, 2006, the voluntary auction procedure for the land of this case was commenced on January 2, 2006.

(Seoul Western District Court H). The report on the current status of the auction items specifications prepared at the above auction procedure and the appraisal report, etc. are made.

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