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(영문) 수원지방법원 안산지원 2018.08.29 2017가단17979
부당이득반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D completed the registration of ownership transfer with respect to E, E, 3,447 square meters (hereinafter “instant land”) on July 3, 1996.

B. On July 31, 2006, F Co., Ltd. completed the registration of creation of a mortgage on the instant land with the debtor G and the maximum debt amount of KRW 720,000,000.

C. As to the 7/10 shares out of the instant land (hereinafter “instant shares”), F Co., Ltd. filed an application for voluntary auction based on the foregoing right to collateral security, and on June 26, 2012, D Co., Ltd. completed the registration of ownership transfer on the ground of each “sale due to voluntary auction” with respect to the remaining 3/10 shares out of the instant land.

On June 26, 2012, I completed the registration of creation of a mortgage on the instant land with the debtor H and the maximum debt amount of KRW 988,00,000,000.

E. As to the instant portion in accordance with Article 112249, which was received on December 31, 2012 by the Jung-gu District Court, Goyang-dong Branch, Goyang-dong Branch, the Defendant completed the additional registration of partial transfer of the said portion of the right to collateral security of Plaintiff A, whose transfer amount was KRW 160 million on the ground of the debtor G and the maximum debt amount, the debtor G, and the maximum debt amount of KRW 560 million, and the Plaintiff B completed the additional registration of partial transfer of the right to collateral security of Plaintiff A, whose transfer amount was KRW 160 million on October 24, 2013.

F. Of the instant land, D’s share was expropriated, and the ownership transfer registration was completed in the Republic of Korea on February 9, 2017, and Korea deposited compensation for the instant share.

G. During the distribution process of the KJ for the above deposit money, FI Co., Ltd. merged F Co., Ltd. F with F Co., Ltd. and changed its trade name to F Co., Ltd.

The Defendant received dividends of KRW 41,389,356 in the order of priority, and KRW 108,639,605 in the order of priority.

H. F Co., Ltd. is erroneous in the amount of KRW 51,880,235 out of the dividends received in the above senior distribution support J.

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