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(영문) 부산지방법원 2019.06.25 2018가단336314

부당이득금

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. The Plaintiff filed an application for provisional attachment against Nonparty C with Busan High Court 2015Dhap1409 (principal lawsuit), 2016Dhap83 (Counterclaim), to preserve the execution of the claim for division of property of KRW 378,50,000, based on the Busan High Court’s judgment, for the provisional attachment against Nonparty C on December 21, 2016. The said court rendered a decision on provisional attachment against real estate against Nonparty C on December 21, 2016.

However, in the appellate court of the first instance case, such as the above divorce (the appellate court of Busan High Court 2016Reu248, 2016Reu255 (Counterclaim)), the judgment was rendered that the Plaintiff’s right to claim division of property has changed from 378,50,000 to 208,70,000 won, and the said judgment became final and conclusive through the final appeal [the Supreme Court 2018Meu204, 2018Meu211 (Counterclaim)].

B. On the other hand, around March 22, 2017, Nonparty C deposited KRW 378,500,000 as the deposit money for the order of provisional seizure against the above real estate as Busan District Court in 2017.

Of the claims for recovery of the above amount of deposit, for KRW 138,167,213, the D Bank received the provisional seizure order of claim as Busan District Court 2018Kadan288 on January 23, 2018, and for KRW 300,000,000 on June 15, 2018, the Defendant received the provisional seizure order of claim as the same court 2018Kahap152 on June 15, 2018.

C. On June 12, 2018, the Defendant applied for a payment order against Nonparty C with the Busan District Court Decision 2018 tea3806, and received a payment order from the above court to the effect that “the obligor shall pay to the obligee KRW 300,000,000 and each damages for delay from December 14, 2016,” and the above payment order became final and conclusive around that time.

On July 16, 2018, the Plaintiff received a decision of seizure and collection of the claims transferred to the attachment of KRW 208,70,000, out of the claims for recovery of KRW 378,50,000, deposit money deposited by Nonparty C by Busan District Court 2018, Busan District Court 2018.

However, on August 5, 2018, the Republic of Korea, which is the third debtor, is the same after the seizure order, etc. for the claim for the recovery of the deposit is concurrent.