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(영문) 인천지방법원 2016.07.21 2013가단239312
부당이득금 반환 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) Attached List No. 2.b.

paragraphs, 2.C.

delivery of each building described in the subsection;

(b) 127,768.

Reasons

1. Facts of recognition;

A. On April 1, 2008, the Industrial Bank of Korea established the respective right to collateral security (hereinafter “B”) between Japan and the maximum debt amount of KRW 210 million on April 1, 2008 with respect to each of the real estates listed in the separate list (hereinafter “the instant real estate”), and again, was established with regard to the right to collateral security (hereinafter “the maximum debt amount of KRW 190 million) on April 29, 2008, and subsequently filed an application for an auction with the Korean Government District Court Da, as the secured debt of each of the respective right to collateral was not repaid.

Accordingly, on October 20, 2010, the decision to commence auction was made and the registration of the decision to commence auction was completed on the instant real estate on the same day.

(hereinafter) The auction procedure that had been proceeded with the above circumstances is "the auction procedure of this case" and the registration of the decision on commencing auction of this case is "registration of the decision on commencing auction of this case".

In the instant auction procedure, the Defendant filed a lien on December 15, 2010 with respect to the instant real estate claim of KRW 480,764,979 as to the instant real estate.

C. On December 23, 2010, the Industrial Bank of Korea transferred the claims secured by each of the above collateral security rights to the Plaintiff, and notified the transfer of claims to B on the 24th day of the same month and around the 27th day of the same month.

The Plaintiff received a successful bid of the instant real estate in the instant auction procedure, and paid in full the sales price on June 4, 2013.

The plaintiff filed a lawsuit against the defendant seeking the "verification of the absence of a lien by the defendant with respect to the real estate in this case" with the High Government District Court 2012Kahap3272, and finally the plaintiff won and finally became final and conclusive as stated in the following table.

Seoul High Court Decision 2013Da83763 (Redirection Judgment) rendered by the Supreme Court Decision 2013Da83763 (Redirection Judgment), reversed, and remanded Seoul High Court Decision 2014Na54771 (the date of closing pleadings: July 22, 2015; the date of sentencing: September 23, 2015).

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