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(영문) 대구지방법원영덕지원 2015.07.02 2014가합1111

부당이득금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiff, etc.”) to the effect that “The Defendant occupied and used the real estate listed in the attached list 1 through 3 (hereinafter collectively referred to as “instant movable property”) purchased from E on January 15, 2007, and movable property listed in the attached list 4 (hereinafter referred to as “instant movable property”) as indicated in the attached list 1(1) without permission by the Plaintiff, etc., the Defendant: (i) the Plaintiff delivers the building listed in the attached list 1(1) to the Defendant; (ii) the appointed party C delivers the building listed in the attached list 1(2); (iii) the appointed party C delivers the building listed in the attached list 1(3); and (iv) the Plaintiff, etc. delivers the building listed in the attached list 2 and the attached list 3; and (v) the Plaintiff, etc., etc. admitted the provisional execution of the instant movable property.

B. Accordingly, the Plaintiff et al. filed an appeal against the part of the first instance judgment under the Daegu High Court Decision 2007Na84605, and the Plaintiff et al. filed an application for suspension of compulsory execution against the judgment of the first instance court under the Young-gu District Court Young-gu District Court Young-ro45, which rendered a decision on September 20, 2007 that “the Plaintiff et al. shall suspend compulsory execution until the final judgment of the appellate court was rendered on the condition that the Plaintiff et al. deposited KRW 2.5 million as security,” and on October 1, 2007, the Plaintiff et al. deposited KRW 2.5 million (hereinafter “instant deposit”).

C. Meanwhile, on July 3, 2008, the appellate court revoked the part against the Plaintiff, etc. regarding the part of the above judgment against the Plaintiff, etc., and all of the Defendant’s claims against the Plaintiff, etc. corresponding to the revoked part are dismissed. The appellate court rendered a judgment that “the remaining appeals by the Plaintiff, etc. are dismissed” (hereinafter “appeal judgment”), and the Defendant is the Supreme Court.