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(영문) 인천지방법원 2018.07.18 2017가단26248
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. D, around June 2009, acquired the ownership of land E and two parcels of land, and acquired the name of the owner of the building as to the construction of a new building on the above land around July 2009.

Defendant C received from D on June 10, 2009 a contract for the creative construction of the above building (hereinafter “instant creative construction”) by setting the construction cost of KRW 80,700,000, and the construction period of KRW 30,000, respectively.

Defendant B used Defendant C’s trade name, and performed the instant creative construction project with Defendant C.

B. D around April 2010, to F, transferred to F the name of the building owner of the above land and the building construction of the above building.

On July 201, the Plaintiff was transferred from F the name of the owner of the land and the construction of the building.

C. After that, on September 1, 2011, the registration of preservation of ownership in the name of the Plaintiff was completed upon entrustment of the registration of provisional seizure on each of the real estate listed in the separate sheet (hereinafter collectively referred to as “the loan of this case”) newly constructed by the said new construction work, and the approval for use was completed on December 20, 201.

On February 27, 2012, the Plaintiff established the right to collateral security, which is the maximum debt amount of KRW 842,00,000,000, the debtor, the debtor, and the right to collateral security, as well as the right to collateral security. On April 30, 2014, on the application of the Yangcheon Credit Cooperatives, the voluntary auction procedure for the loan of this case (hereinafter “instant auction procedure”) was initiated as G with the Suwon District Court’s branch support on April 30, 2014.

E. In the auction procedure of this case on July 24, 2014, the Defendants submitted a registration statement claiming a lien of KRW 94,828,000 as the secured claim, and around March 7, 2016, the Defendants submitted a registration statement of a lien to the effect that “I will submit a written waiver of a right of retention to the effect that I would not have any right to claim any lien and any real estate in this case and real estate, and will not have any right to claim any lien and any right to claim the cost of the creative construction.”

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