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(영문) 수원지방법원안양지원 2016.09.09 2015가단103102
부당이득반환
Text

1. The Defendant’s KRW 32,771,465 as well as 5% per annum from April 4, 2015 to September 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. A’s claim and request for auction under A’s conciliation protocol 1) A filed an application for commencement of compulsory auction on or around July 25, 2013 with respect to “former J land and buildings” of the above inheritors, as well as for the adjustment that A and the above inheritors receive by dividing the amount of KRW 100,000,000 per annum from June 1, 2013 to the date of full payment.

(Korean District Court K Real Estate Auction, L Real Estate Auction). (b)

On March 13, 2014, the bankruptcy of A and the appointment of trustee in bankruptcy were declared on March 13, 2014 (U.S. District Court 2013Hadan1706), and attorney B were appointed as trustee in bankruptcy.

C. On November 19, 2014, which was the date of distribution, the following distribution schedule was prepared on November 19, 2014. The distribution schedule was established as follows. The creditor’s distribution amount of grounds for the distribution was KRW 200,000,000,000 (the maximum amount of claims) and the creditor who filed an application for provisional attachment and KRW 69,870,000,000, KRW 328,100,000, KRW 328,100,000, and KRW 328,50,000, and KRW 116,957 NN 59,480,861,914, and KRW 129,888,884,150,000 (the maximum amount of claims) and the distribution amount was finalized on the date of distribution as KRW 25,25,000,00,000 among the distribution amount of the Defendant’s dividends.

The amount of dividends of the defendant was 137,771,465 won, and I's dividends was 69,870,000 won, respectively. (The District Court 2014da412, 2015Na5617).

The defendant.

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