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(영문) 서울중앙지방법원 2017.06.22 2016가단5278732
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. B, on September 15, 2006, borrowed 600,000,000 won from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”), made a registration of the establishment of a neighboring maximum debt amount of KRW 780,00,000 with respect to the real estate in Table 1 (a part of the above real estate has been divided after it was divided, the same as Table 2; hereinafter the same shall apply).

(hereinafter referred to as “instant collateral security”) CD E EF G2 Table 1 attached Table 3, CD 2, FG 3,00,000 JK L

B. On April 29, 2008, the foreign exchange bank received a decision to commence the auction of real estate by having the Suwon District Court's branch court's contribution to the instant real estate.

(hereinafter referred to as “instant auction procedure”). (C) The auction procedure under this subsection is called “instant auction procedure.”

On June 18, 2008, the foreign exchange bank transferred the above collateral security claims against B to a limited liability company specializing in foreign exchange schemes (hereinafter referred to as "special purpose company") and completed the additional registration prior to the instant collateral security with the Suwon District Court No. 30493, Jun. 30, 2008.

On June 24, 2009, the Plaintiff subrogated to a special purpose company B for KRW 100,000 out of the above debt, and received a supplementary registration prior to the transfer of part of the instant collateral security (payment amounting to KRW 100,000,000) from the Suwon District Court on June 30, 2008 as the receipt of No. 30494 on June 30, 2008.

E. On Nov. 20, 2009, a special purpose company transferred on Nov. 20, 2009 the remaining part of the claim against B, which was repaid by the Plaintiff, to the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”), and completed the supplementary registration prior to the transfer of the entire share of the instant mortgage to the Gyeonggi Savings Bank on Dec. 4, 2009.

F. On February 13, 2009, the Gyeonggi Savings Bank held the auction procedure in this case: Provided, That on February 13, 2009, the special purpose company of the instant real estate H, I, J, and L land among the instant real estate.

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