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(영문) 수원지방법원 2018.04.13 2016나76848

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

In fact, between Defendant wife C and Plaintiff’s wife, “H”, “debtor”, “debtor”, “35 million won”, “the date of the loan,” “ September 30, 201”, “interest rate of September 30, 201” and “13% per annum (4% per annum)” were prepared between Defendant wife C and the Plaintiff’s wife, and around that time, C prepared a notary public’s certificate of Diplomatic Office No. 5477 of 201 (hereinafter “instant notarial deed”).

On June 21, 2011, the Plaintiff was issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to the lease deposit return claim of KRW 35 million out of KRW 67 million of the F-Si F-si Building 102 Dong 603, E (hereinafter “instant real estate”) with Suwon District Court Branch Branch Branch 201TTT 2758 on June 21, 201 (hereinafter “instant assignment order”), and the said assignment order was delivered to E on June 28, 201, and to C on July 7, 2011, respectively.

C In the procedures for the voluntary auction of the real estate in this case with respect to the instant real estate (U.S. District Court credit G), C demanded the distribution of “the full amount of KRW 67 million for the claim to return the lease deposit with respect to the instant real estate,” and on July 2, 2012, the distribution schedule was prepared to distribute the full amount of KRW 67 million to C on the date of distribution of the said voluntary auction procedure. On the same day, C received the total amount of the said dividends, and thereafter C donated KRW 34 million among them to the Defendant, who is the husband of C (hereinafter “the instant donation”).

(Nos. 3 and 4. Criminal facts C prepared an application for dividend as if he/she had the right to receive the deposit money for the deposit money for the deposit money for the said real estate in the discretionary auction procedure for the instant real estate to a policeman on June 2012 and submitted it to the said court.

However, facts C.