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(영문) 서울동부지방법원 2016.09.23 2015가단126047
부당이득금
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. Plaintiff’s claim against Defendant A and Defendant B.

Reasons

Facts of recognition

The Plaintiff filed a lawsuit against C, as Seoul Central District Court Decision 2012Da5031744, and asserted that “In the event that C, upon entering into a credit guarantee agreement with C on November 27, 2009, the Plaintiff agreed to pay the above loan, and as C, 34,148,805 won was paid by subrogation according to the credit guarantee agreement.” On August 29, 2012, the judgment became final and conclusive from March 9, 2012 to June 1, 2012, “C shall pay 34,737,865 won to the Plaintiff and 34,148,805 won among them, and 15% per annum from June 1, 2012 to June 1, 2012, and 15% per annum from the next day.”

On the other hand, on March 28, 2005, C completed the registration of ownership transfer with respect to 301, Gangdong-gu Seoul Metropolitan Government Dolle No. 301 (hereinafter “301”).

Defendant B is the one of Defendant C, and Defendant A is the one of the husband of Defendant B, and is the one of the husband of Defendant B.

However, on August 1, 2010, C entered into a lease agreement with Defendant A, setting the lease term of KRW 301,00,000,000 as lease deposit amount of KRW 180,000,000, and the lease term of KRW 24 months from September 1, 2010.

C is referred to as "SPAF" on June 16, 2009 only as "SPFFC".

Upon obtaining a loan from the party, the registration of creation of a mortgage consisting of KRW 156 million with respect to No. 301,000,000,000 for the amount of the maximum debt. However, on June 10, 2013, Songpa Nong National Agricultural Cooperative was voluntarily decided to commence the auction as to No. 301, which was based on the above collateral security and received from the Seoul Dong District Court E.

In the above auction procedure on August 27, 2013, Defendant A applied for a demand for distribution as to the lease deposit of KRW 180 million under the above lease contract as a lessee.

On November 28, 2014, the holder of the right to distribute KRW 252,215,654, among the amount to be actually distributed on the date of distribution of the above auction procedure held on November 28, 201, the holder of the right to distribute KRW 719,280, the holder of the right to distribute shall be the holder of the right to

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