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(영문) 서울남부지방법원 2020.03.04 2019가단223178
부당이득금
Text

1. The defendant is the Incheon District Court C in 2018 to the plaintiff in the distribution procedure of the auction case of real estate C.

Reasons

1. Basic facts

A. The Michuhol-gu Incheon E-building No. 8 F of the 8th floor of the building (hereinafter “instant real estate”) was originally owned by Nonparty G.

D, the wife of G, on March 5, 2013, completed the registration of the establishment of a mortgage on the instant real property, the maximum debt amount of KRW 50,000,000, and the debtor G, on the other hand.

(hereinafter referred to as “the instant mortgage”) B.

Plaintiff

In order to preserve the claim amount of KRW 25,297,492 as Seoul Western District Court Decision 2014Kadan6319 on November 20, 2014, the Plaintiff received a provisional attachment order as to the instant real estate. On November 23, 2017, the Plaintiff filed a lawsuit against G to return unjust enrichment based on the obligee’s subrogation right, and sentenced that “G shall pay the Plaintiff KRW 25,297,492 and delay damages thereof,” and the above judgment became final and conclusive (Seoul Western District Court Decision 2014Kadan45860, 2015Na3123, August 5, 2015). The Defendant received a provisional attachment order against the Defendant on August 20, 2015, the Seoul Central District Court Decision 201Da14400,000, 200, and 200G 201 decided to preserve the claim amount of KRW 40,000.

(Seoul Eastern District Court 2017Gahap184 case).

1) On November 15, 2016, Incheon District Court C, as to the instant real estate on November 15, 2016, the voluntary auction procedure concerning the instant real estate (hereinafter “instant auction procedure”).

(2) On February 26, 2018, the court of execution shall distribute D KRW 27,207,427 to D on the premise that D is the mortgagee of the right to collateral security, out of KRW 147,34,846, the amount to be actually distributed to D on February 26, 2018, on the premise that D is the mortgagee of the right to collateral security.

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