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(영문) 서울중앙지방법원 2018.03.23 2017가합16971

손해배상 및 부당이득 반환청구

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1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

Basic Facts

On November 16, 2009, the defendant prepared each of the notarial deeds of this case by the plaintiff and the representative director C of the plaintiff, and delivered each promissory note with a face value of KRW 500 million and KRW 700 million. On the same day, the notary public prepared each of the notarial deeds of this case (hereinafter "each of the notarial deeds of this case") by No. 2232 and No. 2233, 2009 with respect to each of the notarial deeds of North Korean Partnership Law Offices.

The defendant issued the Seoul Western District Court 2009TTTT14352, and the notary public against the plaintiff applied for the seizure and collection order concerning the plaintiff's right to claim dividends out of the proceeds of sale of the case of application for compulsory auction of real estate DD real estate against the plaintiff's Republic of Korea, based on the executory exemplification of the notarial deed No. 2232, 2009. The above court issued the seizure and collection order citing the defendant's motion on December 14, 2009.

As Seoul Western District Court 2009TTTTTT14353, the defendant filed an application for a seizure and collection order concerning the plaintiff's right to claim dividends out of the proceeds from sale of the case of application for compulsory auction of real estate against the plaintiff against the Republic of Korea by a notary public against the plaintiff, which cited by the defendant on December 14, 2009. The above court issued a seizure and collection order citing the defendant's application on December 14, 2009.

The court of auction in receipt of the Defendant’s deposit money deposited the Plaintiff as the principal deposit in 2009 with KRW 1,201,866,083, and KRW 272,303,978 as 1875 in 2009.

In the distribution procedures of Seoul Western District Court E and F, the Defendant sent KRW 227,825,172 on January 23, 2014, according to the distribution schedule prepared on December 27, 2013 by the said court, according to the said court’s distribution plan prepared on January 23, 2014, and KRW 83,861,587, and KRW 227,825,172 on December 31, 2015.

On January 3, 2011, the plaintiff and C, on the ground that each of the notarial deeds in this case is null and void.