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(영문) 대구지방법원 2018.02.22 2016가합207946

부당이득금

Text

1. Defendant B’s KRW 30 million to the Plaintiff and the Plaintiff’s 5% per annum from December 8, 2016 to February 22, 2018.

Reasons

1. Basic facts

A. A. Around June 22, 1998, the Plaintiff lent KRW 300 million to E as of March 29, 1999, and thereafter, the Plaintiff did not repay it even after the due date. On April 24, 2001, the Plaintiff filed a lawsuit with the Daegu District Court claiming payment of KRW 300 million and delay damages, and received a favorable judgment from the above court (the above court 2001Gahap8473), and the above judgment became final and conclusive around that time.

Since the completion of the statute of limitations on the above judgment, on September 6, 201, the Plaintiff filed an application for payment order against E with the Daegu District Court of Busan District for payment of KRW 300 million and damages for delay, and received from the above court the payment order ordering payment of KRW 300 million and damages for delay at the rate of KRW 20% per annum from July 31, 2001 to the date of full payment (the above court No. 201j740), which became final and conclusive on October 1, 2011.

B. Notwithstanding the above obligations against the Plaintiff, E is insolvent in which there is no active property in the name of the Plaintiff, and Defendant B is children of Defendant E.

C. The real estate listed in attached list No. 1 (hereinafter “instant land”) is registered in the name of Defendant B, the former owner, on April 30, 2016 between Defendant C and Defendant B, and the Daegu District Court, which completed the registration of ownership transfer pursuant to the receipt of No. 97274 on June 17, 2016, which was based on the sales contract on April 17, 2016, and the real estate listed in attached list No. 2 (hereinafter “instant building” and the combination of the instant land and buildings) is registered in the name of Defendant B, the former owner, and Defendant B, which was completed on April 30, 2016 between the former owner and the Defendant B.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 11 evidence (including each number, hereinafter the same shall apply), Eul 2 evidence, and all pleadings.