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(영문) 서울중앙지방법원 2015.06.05 2013가합78124
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the building B, B, 1,489 square meters of land owned by the Plaintiff and the 2nd floor above, C, 1,818 square meters of land and the 4th floor above the ground (hereinafter “each real estate of this case”), the Defendant (hereinafter “the Defendant”) set up a maximum debt amount of KRW 390,000,000 on July 1, 1999 as the receipt of the Daejeon District Court Decision 44892, Jun. 29, 199, as the contract for establishing a contract on June 29, 199, as the maximum debt amount of KRW 390,000,000 on the ground of the contract, as the obligor, the Dong-to-dong Co., Ltd. (hereinafter “Dong-to-mortgage”) with the Defendant as the Defendant of the right to collateral security (hereinafter “the first mortgage”), ② the same court’s agreement was received on November 4, 199, 390,000 won and the 2nd mortgage.

B. On February 18, 2008, the Defendant calculated the loan amount of KRW 18,00 on October 18, 2002, KRW 300,00,00 on the loan date, KRW 17,000 on October 17, 2004, KRW 296,070,853 on repayment date, ② on October 25, 2002, the loan amount of KRW 50,000,000 on the loan date, KRW 396,00 on October 17, 2004, the loan amount of KRW 390,00,00,00 on the loan amount of KRW 390,00,00 on the loan amount, KRW 30,00 on the loan amount, KRW 300,00 on the loan date, KRW 300,000 on the loan date, KRW 28,008,00 on the loan amount of KRW 208,7486.1.

C. On December 24, 2010, the Daejeon District Court rendered a distribution of the sum of KRW 780,000,000 to the Defendant on December 24, 2010, which is the date of distribution of the instant auction procedure. The remaining balance remaining after allocating to the person having chonsegwon and the person having the right to demand a distribution.

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