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(영문) 서울중앙지방법원 2018.02.02 2017가합537072
부당이득반환청구의 소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On April 28, 2004, the Plaintiff is a person who completed the registration of ownership transfer with respect to the Yangcheon-gu Seoul apartment D (hereinafter “instant apartment”) on April 28, 2004, and is E. (2) On October 18, 2007, the Defendant is a person who completed the registration of ownership transfer with respect to the said apartment, with the maximum debt amount of KRW 500 million, and the debtor is a person who completed the registration of ownership transfer with respect to the Plaintiff and the mortgagee as the Defendant (hereinafter “instant apartment”).

3) E running company G (hereinafter “G”) has continued to have a claim and obligation from around 1997 with F in several times in connection with monetary transactions. (b) The preceding registration on the apartment of this case was completed on May 7, 2007 the registration of establishment of a lease on a deposit basis, the duration of the lease on a deposit basis, from September 25, 2006 to August 30, 2008, and the person having a right to lease on a deposit basis, from September 25, 2006 to August 30, 2008. On August 28, 2013, I, an alien of the Plaintiff, completed the additional registration of establishment of a lease on a deposit basis, transfer the name of the person having a lease on a deposit basis, as transfer on September 22, 2008.

2) On May 10, 2007, the Industrial Bank of Korea completed the registration of creation of a mortgage over the instant apartment, the maximum debt amount of which is KRW 240 million, the debtor, J and mortgagee, the Industrial Bank of Korea. (C) Upon the application of the Industrial Bank of Korea’s voluntary auction and distribution schedule for the instant apartment, the Industrial Bank of Korea rendered a decision to commence auction on June 7, 2013 to K with Seoul Southern District Court, and the Industrial Bank of Korea transferred the loan claims against J to the limited liability company (hereinafter “limited liability company”) in accordance with the asset-backed securitization plan on September 26, 2013.

2 The Seoul Southern District Court, which is a cause of auction law, distributes to the limited liability company the amount of KRW 150 million out of KRW 462,507,612, which is the actual amount to be distributed on the date of distribution on February 12, 2014, to the effect that the amount of KRW 150,000,000 to be distributed to the limited liability company, KRW 156,507,612 to the limited liability company.

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