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(영문) 인천지방법원 2020.10.29 2020가단3917

부당이득금반환

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 2013, the Plaintiff’s designated parties and the designated parties (hereinafter “Plaintiff, etc.”) concluded a contract with the Nonparty G Co., Ltd. on the terms of KRW 115,00,000 (excluding value-added tax) for the civil engineering work for the creation of a site on the land of KRW 768 square meters among the 7,536 square meters of H, Gyeong-gun, Incheon, Incheon, the Plaintiff, etc. owned jointly by the Plaintiff, etc., and the contract price from May 20, 2013 to July 20, 2013.

(hereinafter “instant construction contract”). B.

G was merged with the Defendant on March 4, 2014, and was dissolved around that time.

C. The Defendant filed a lawsuit against the Plaintiff et al. against the Incheon District Court seeking payment of KRW 86,50,000,000 for the payment of the said construction price and damages for delay thereof (No. 2014dadan227552). On September 24, 2015, the said court rendered a judgment ordering the Defendant to pay the remainder of the construction price jointly and severally with the Plaintiff et al. for the payment of KRW 58,575,292 and damages for delay from July 1, 2013.

Plaintiff

C above, etc.

Although an appeal was lodged against the judgment stated in the claim, the appellate court rendered a judgment dismissing the appeal by the plaintiff et al. on October 27, 2016, and the appellate court dismissed the appeal by the plaintiff et al. on February 3, 2017 and the said judgment became final and conclusive.

E. On February 29, 2016, a decision to commence compulsory sale of real estate was rendered on February 29, 2016 with respect to H 6,209 square meters of forests and fields in Incheon Cheongjin-gun, and the distribution schedule was formulated to distribute KRW 34,790,741 to the Defendant on July 28, 2017 following the sale of the said real estate.

F. The Plaintiff A and the Selection F appeared on the aforementioned date of distribution, and the Defendant’s dividends, against the Plaintiff A, KRW 6,786,106, and KRW 10,179,159, among the Defendant’s dividends, the distribution schedule became final and conclusive because the Plaintiff A and the Selection F did not submit the evidence of filing a lawsuit.

(hereinafter referred to as “instant dividends”). [Grounds for recognition] There is no dispute, entry in Gap’s evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. On June 28, 2018, the Plaintiff et al. and the Plaintiff et al. were the representative director of G on the ground of their claim.