logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.20 2015가단32140
부당이득반환
Text

1. The defendant is against the plaintiff KRW 118,427,58, which was distributed to the plaintiff in the distribution procedure of Incheon District Court C and D (Dual).

Reasons

1. The facts following the facts of recognition do not conflict between the Parties, or recognized by each entry in Gap evidence 1 to 7:

A. On October 28, 2009, the Plaintiff respectively lent KRW 50,000,000 to E, and KRW 50,000,000 on December 29, 2009, and KRW 10,000,00 on January 12, 2010.

On November 16, 2010, the Plaintiff received KRW 10,000,00 from E, and agreed to receive the remaining loans of KRW 75,000,000 for interest rate of KRW 2.5% per month and June 30, 201.

B. On July 12, 201, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 90,000,000 with respect to the first floor of the Yeonsu-gu Incheon Building F, Incheon (hereinafter “instant real estate”) owned on July 12, 201, regarding the debtor, E, the maximum debt amount, KRW 90,000,00.

C. Meanwhile, on January 5, 2011, the Defendant completed the registration of the establishment of the instant real estate in the vicinity of the obligor and the maximum debt amount of KRW 200,000,000.

The auction procedure of real estate (hereinafter “instant auction procedure”) was initiated under the Incheon District Court C, C, D (Dupl) upon the application of the auction of real estate by Han Bank Co., Ltd. and the Defendant, another mortgagee of the instant real estate.

E. At the instant auction procedure, the type of demand for distribution was set on June 17, 2013. However, the Plaintiff did not separately demand a distribution until then, and thereafter submitted a bond statement stating the principal amount of KRW 90,000,000, interest rate of KRW 51,187,500 on October 14, 2013.

F. At the instant auction procedure, on October 31, 2013, a distribution schedule was formulated with the content of each distribution of KRW 597,684,156, which is the date of distribution, as indicated in the following table.

In order for priority creditors to make a correction of the amount of dividends, the amount of claims secured by priority creditors, the amount of claims secured by the distribution, and the amount of claims secured by the distribution, and the amount secured by the mortgagee of Yeonsu-gu Incheon, Incheon, 1962,980, 231,742,708,708, 273,078,078,742,742,702,702,7083, 156,950, 880, 182,00,000,000,950,88040, 804, 156, 80

arrow