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(영문) 서울중앙지방법원 2016.08.16 2016가단5003075
부당이득반환
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 are as follows: (a) the Plaintiff’s registration of housing site sources in the Suwon District Court as to the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) was completed on July 28, 200 by the receipt of No. 25406, Jul. 27, 2000; (b) the provisional registration of this case was cancelled due to the sale of the said real estate in the auction procedure of real estate rent in real estate owned by Suwon District Court Sejong District Court E on September 30, 201; and (c) the fact that a distribution schedule was prepared on July 25, 2012 and carried out pursuant thereto was either disputed between the parties or may be recognized by adding up the entire purport of the entire pleadings to the items stated in subparagraphs A through D.

2. The plaintiff's assertion was that the provisional registration of this case was completed in order to secure it after lending KRW 20,000,000 to the above D around 200, and the address on the registry was not corrected in August 200, so the plaintiff was excluded from dividends without reporting the claim by the deadline for demanding distribution because he was unaware of the progress of the above auction procedure and was unable to correct the address on the registry. Thus, the defendants asserted that in relation to the plaintiff, who is the person entitled to preferential payment pursuant to Article 13 of the Provisional Registration Security Act, the total amount of 34,512,285 won was acquired without any legal ground in relation to the plaintiff, who is the person entitled to preferential payment pursuant to Article 13 of the Provisional Registration Security Act, the defendants sought payment of each amount stated in the claim against

3. Article 16(1) and (2) of the Act on the Provisional Registration, Security, etc. of Lists, in cases where a decision to commence an auction on real estate on which a provisional registration for the transfer of ownership has been made, the court shall determine to the court whether the relevant provisional registration is a provisional registration for security against obligation and if the provisional registration is a provisional registration for security against obligation, the details thereof, the existence, cause and

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