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(영문) 수원지방법원여주지원 2017.07.12 2016가합5800
부당이득금 반환 청구
Text

1. The Defendant’s KRW 65,663,375 for the Plaintiff and KRW 5% per annum from June 23, 2016 to July 12, 2017.

Reasons

1. Basic facts

A. On January 24, 2006, according to the application of the Suwon Livestock Cooperatives for each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant real estate”), the procedure for compulsory auction (U.S. district court branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch office) was commenced on September 21, 2007 upon D’s application, and on September 14, 2007, the voluntary auction procedure (U.S. branch branch branch branch branch branch branch branch branch branch branch) was commenced on September 14, 2007 upon the application of the

The plaintiff, at the expense of the defendant, requested the defendant to withdraw the above auction procedure by paying the above debt at his own expense.

B. After that, around September 25, 2008, the Plaintiff: (a) around October 30, 2009, the principal amount of KRW 1,000,000,000 for the Defendant; (b) October 30, 2009; (c) the payment date of interest; (d) the 30th day of each month; and (e) the payment date of interest; and (d) the obligee and the Plaintiff as the Plaintiff (hereinafter “the instant loan certificate”); (b) around October 14, 2008, the Liwon District Court Branch Branch Decision No. 42900, Oct. 13, 2008, the Plaintiff completed the registration of the establishment of a mortgage over the instant real estate amount of KRW 800,000,00 for a contract for establishing a mortgage on October 13, 200.

C. On November 25, 2008, the Defendant completed each of the above auction procedures by repaying the above debt with its own expenses, etc., and thereafter, on November 25, 2008, the Plaintiff signed a signature on the statement of expenses for withdrawal of auction (hereinafter “instant statement”).

On August 28, 2015, the Defendant filed an application for voluntary auction with Suwon District Court GJ (hereinafter “instant auction”) with the said collateral security (hereinafter “instant auction”), and on May 11, 2016, the interest calculated by the rate of 2% per month from November 25, 2008 to August 26, 2015, the claimed amount of KRW 769,774,330 on the date of distribution of the instant auction procedure, and the interest calculated at the rate of 2% per month from November 25, 2008 to August 26, 2015.

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