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(영문) 서울북부지방법원 2017.11.14 2017가단111335
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2016, the voluntary auction procedure (hereinafter “instant auction procedure”) was initiated with the Seoul Northern District Court D, Seoul Northern District Court around July 2, 2016 regarding C apartment 2, Dobong-gu Seoul Metropolitan Government 6, 608 (hereinafter “instant apartment”).

B. On August 4, 2016, the Plaintiff, as a lessee of the instant apartment at the above auction procedure, filed a report on the right and demand for distribution regarding KRW 80,000,000, as a lessee of the instant apartment.

C. However, the above auction court prepared a distribution schedule to distribute to the Defendant Savings Bank KRW 96,375,703 in the third order except for the Plaintiff’s dividends, KRW 1,744,720 in the fourth order to Defendant Savings Bank, and KRW 1,725,202 in the fifth order to Defendant National Health Insurance Corporation.

On December 22, 2016, the Plaintiff appeared on the date of distribution, and raised an objection to the dividend amount of the Defendants. The Plaintiff filed a lawsuit of demurrer to the distribution against the Defendant Savings Bank (Seoul Northern District Court 2016Kadan153134) against the Defendant Savings Bank, but the said distribution schedule became final and conclusive as is, because the Plaintiff was absent on the date of pleading once.

E. Meanwhile, the Plaintiff filed a move-in report on the instant apartment around October 27, 2014, but around January 29, 2015, filed a move-in report with Nowon-gu Seoul Special Metropolitan City E-dong 401 (hereinafter “E-dong 401”), and filed a move-in report on the instant apartment again around March 23, 2015.

F. B is the Plaintiff’s third words, F is the Plaintiff’s largest words, and E-Ba’s ownership was the name of F’s G.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9, Eul evidence Nos. 4 and 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) around April 10, 2015, the Plaintiff entered into a lease agreement with B and the instant apartment at KRW 80,00,000 with respect to the lease deposit; and (b) paid the lease deposit to B after paying the lease deposit; and (c) the Plaintiff was not directly paid the lease deposit from G, the former owner of the house, instead of refunding KRW 80,000,000 from G, G, the Plaintiff was paid the lease deposit.

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