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(영문) 서울중앙지방법원 2016.05.12 2015가단185845

손해배상반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 26, 2002, the Plaintiff lent 80,000,000 won to B on September 14, 1999, and 40,000,000 won on April 6, 200, and received a notarized promissory note with executory power on the above loan from B. In order to evade the Plaintiff’s compulsory execution, B transferred the real estate purchased at the auction procedure to C. In order to evade the Plaintiff’s compulsory execution, B prepared a false inventory of property at the Seoul Central District Court 200,1505, and submitted it to the court. Accordingly, B submitted a written complaint stating that “The crime of evading compulsory execution under the Criminal Act and the violation of the Civil Procedure Act shall be investigated and punished.”

(hereinafter) The plaintiff's complaint case against B is referred to as "the plaintiff's complaint case."

The Seoul Gangnam Police Station D shall be distributed the Plaintiff's complaint case on July 26, 2002 and distributed the same year.

8. 29. The Seoul Western Police Station transferred the case to the same year;

9. 13. The case was forwarded again.

(c) D is the same year.

9. After investigating the Plaintiff, B and C from May 25 to November 23, 11, the case was transferred to the Seoul Gangseo-gu Police Station on November 23, 2003, but it was transferred again on May 2003.

Accordingly, the investigation of the plaintiff's case was not conducted for about six months from November 23, 2002 to May 30, 2003.

D The same year when the plaintiff was in charge of the plaintiff's accusation case by June 2, 2003.

6.3. The Seoul Gangseo-gu Police Station Chief 1 Police Station (a police box) was transferred to a police box, and the guard E belonging to the same police station was investigated on June 26, 2003 by adding the Plaintiff and B, and the same year;

8. Around 22. Around 22. The case was forwarded to the Seoul District Prosecutors' Office.

E. At around 2009, the Plaintiff filed a civil petition for grievance with the Anti-Corruption and Civil Rights Commission to the effect that D delayed the handling of the Plaintiff’s accusation case by means of transporting the Plaintiff’s accusation case to another police station and receiving re-transfer, etc.

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