부당이득금
1. The contract of donation of KRW 34,000,000 entered into on July 2, 2012 between Nonparty C and the Defendant shall be revoked.
2. The defendant.
1. Facts of recognition;
A. As to the amount of claim 35,000,000 won against C, the Defendant’s spouse, the Plaintiff was prepared with a notary public’s office Dnotarial deed No. 547 of 201 (hereinafter “instant notarial deed”).
B. On the basis of the instant notarial deed, the Plaintiff filed an order for the attachment and assignment of claims with the competent court No. 201TT No. 2758, Jun. 21, 201; and on June 21, 2011, issued a claim attachment and assignment order (hereinafter “instant assignment order”) regarding KRW 35,00,000, out of the lease deposit amount of KRW 67,000,000, F-si Building No. 102, 603 (hereinafter “instant real estate”).
The instant assignment order was served to E on June 28, 201, and was served to C on July 7, 2011.
C. C filed a claim for distribution with respect to the instant real estate in this Court G G real estate auction case, asserting that there was a claim for refund of KRW 67,000,000,000.
On July 2, 2012 in the above auction case, the court prepared a distribution schedule with the content that one bank received 35,587,729 won of the amount of demand for distribution as the creditor of the first collateral security right, C as the lessee of the second collateral security right, C's total amount of KRW 67,00,000 of the amount of demand for distribution as the lessee of the second collateral security right, and the Credit Guarantee Fund as the creditor of the third collateral security right, 32,939,179 won of the amount of claim 289,363,446 won
E. C paid KRW 34,00,000 to the Defendant on July 2, 2012 upon the Defendant’s request.
F. C had no right to demand distribution of KRW 35,00,000 out of the lease deposit in accordance with the instant assignment order, and even though there was no right to demand distribution pursuant to the said order, C was indicted as a crime of fraud under the court’s 2013 senior group 1306 under the purport that “A was paid KRW 34,50,000 under the pretext of dividends from this court on July 2, 2012.” On October 27, 2014, C was sentenced to two years of probation from this court’s imprisonment with prison labor for eight months, and the said judgment became final and conclusive around that time.
[Ground of recognition] Unsatisfy, Gap evidence 2, and Eul.