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(영문) 서울동부지방법원 2018.05.23 2017나26890
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. As between C on September 15, 2005, the Defendant entered into a mortgage agreement with C on the maximum debt amount of KRW 260,000,00 with respect to each share of KRW 18,182/26,083, out of KRW 20,926,000 and KRW 5,157,000,00 in the forest land owned by the Defendant and E, and completed the registration of the establishment of the neighboring district court as the Defendant’s receipt of the Suwon District Court No. 118231.

B. As of December 29, 2005, the Defendant concluded a mortgage establishment agreement with C as to each of the instant real estates, with the maximum debt amount of KRW 130,000,000, and with C and the mortgagee as the defendant, and completed the registration of the establishment of a mortgage as of the same day, the Suwon District Court received No. 167390 on the same day.

C. After that, the voluntary auction was commenced on January 24, 2008 with the Suwon District Court F on each of the instant real estate, and on March 14, 2008, the voluntary auction was initiated in duplicate with the Suwon District Court G on each of the instant real estate, and the auction procedure was initiated simultaneously.

(hereinafter “instant voluntary auction procedure”). D.

On January 20, 2009, the Plaintiff received a promissory note of KRW 630,00,000 at par value from C, and on October 5, 2009, based on the original copy of the said promissory note’s deed as Seoul Eastern District Court 2009TTTT12783, the Plaintiff received an order to seize and attach the claim of KRW 630,000 among C’s dividend payment bonds during the instant voluntary auction procedure, and the said assignment order was served to the Republic of Korea as the garnishee on October 8, 2009.

E. After that, on September 28, 2009, H won was awarded the instant real estate, and on October 21, 2009, during the instant voluntary auction procedure, KRW 337,962,251 (won 212,117,156, KRW 125,845,095) in total to the Defendant, each of the right to collateral security, who is a debtor and owner, was paid KRW 1,075,682,209 in total to C as a surplus, and KRW 630,00,000 out of the surplus was distributed to “C (the Plaintiff)” by the right to distribute dividends.

F. On the other hand, the defendant on February 13, 2009 the above No. 1-A.

(b) port of entry;

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