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(영문) 대전지방법원 2015.03.11 2014가단27583
부당이득금반환
Text

1. The Defendant’s KRW 25,473,094 for the Plaintiff and KRW 5% per annum from July 16, 2014 to March 11, 2015.

Reasons

1. Facts of recognition;

A. As to the Daejeon-gu Daejeon Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City.

(2) On the ground of the instant apartment (hereinafter referred to as the “instant apartment”) the Pyeongtaek Construction Co., Ltd. constructed B apartment on September 25, 1998 and completed the registration of ownership transfer with respect to No. 502 among the instant apartment on September 25, 1998 after completing the registration of ownership transfer with respect to the instant apartment.

(3) On January 15, 1999, Dong-gu Daejeon Metropolitan City seized the land of this case (No. 13410-279, No. 1349, No. 13817, Jan. 21, 199) and completed the attachment registration under the Act No. 24817, Jan. 21, 199

(hereinafter “instant seizure”). (4) On July 1, 2000, Pyeongtaek Construction Co., Ltd. completed the registration of the instant land as the site ownership of the instant apartment (including the entire number of houses including subparagraph 502).

B. As to Article 502 of the instant apartment owned by C, (1) on September 24, 1998, the Korea Housing and Commercial Bank, Korea Housing and Commercial Bank and the maximum debt amount of KRW 15,600,000, and the debtor C was set up with regard to the instant apartment owned by C.

(2) On December 29, 2003, the third-class collective security right established, respectively, for the following reasons: (a) a mine union for the mortgagee of the right to collateral security (which was changed to the Seo-gu World Credit Union, and was merged to the Plaintiff on April 24, 2014; hereinafter “Plaintiff”); (b) a maximum debt amount of KRW 65,00,000; and (c) a debtor C; (b) a second-class collective security right established on April 28, 2006 for the Plaintiff of the right to collateral security, the maximum debt amount of KRW 143,00,000; and (c) an obligor C.

(3) In the Daejeon District Court D’s decision on October 26, 2010 (hereinafter “instant auction procedure”), the Plaintiff, prior to the final period for demand for distribution (as of July 4, 201), account statement of the claim against the principal and interest of KRW 350,000,000 in the auction court on February 9, 2010.

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