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(영문) 청주지방법원 충주지원 2021.01.14 2020가단2574

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2020, the Plaintiff applied for a payment order to C with this Court No. 2020 tea 291, and received a payment order with the payment order at the rate of 12% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment. The Plaintiff received a payment order with the payment order at the rate of 30,020,000 won and its equivalent amount, which became final and conclusive around that time.

B. Based on the original copy of the above payment order, the Plaintiff received a seizure and collection order as to the claim against “the amount up to KRW 31,290,618 out of the claim amount for the return of unjust enrichment amount, which the obligor and the Defendant were trusted with the name of 84,397 square meters in the name of Do forest owned by the obligor to the third obligor in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the Defendant as the obligor and the Defendant as the third obligor.”

This was served on the Defendant as the third party debt at that time.

(c)

On April 12, 2005, the Defendant purchased D Forest Land No. 84,397 square meters from the former owner E and completed the registration of transfer of ownership on May 13, 2005.

(d)

On April 4, 2005, near the date of the sale and purchase contract on the register, a check was issued in front of KRW 160 million from the Defendant account. On May 13, 2005, near the date of the registration of ownership transfer, a check was issued in front of KRW 182 million from the Defendant account.

E. On August 7, 2018, the Defendant promised on August 7, 2018, “The owner of the forest above is the Defendant, but the Defendant only lent the name, and the actual owner is C and at any time, transferred the name.

“A” has written a factual confirmation (A) to the effect that “A”.

On August 9, 2018, around 2018, C prepared a written confirmation (B 1-1) to the Defendant that “a fact confirmation was prepared to obtain a loan from a financial institution and must be used only for loan purposes.”

[Ground of Recognition] A without dispute, Gap 1-4, Eul 1-2, witness C's testimony, and the purport of the entire pleadings. 2. Claims and determination

A. The Plaintiff’s owner of the forest land above the Plaintiff’s assertion is C, and C purchased the forest land above in the name of the Defendant and completed registration.

C. The Defendant.