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(영문) 인천지방법원 2018.12.12 2018가단205574

전부금

Text

1. The Defendant’s KRW 50,886,00 for the Plaintiff and its related KRW 5% per annum from October 30, 2017 to February 9, 2018.

Reasons

1. Facts of recognition;

A. On October 13, 2017, the Plaintiff filed a lawsuit against the Plaintiff Company B with the Incheon District Court Decision 2015Da228866, which rendered a favorable judgment with the declaration of provisional execution (hereinafter “instant enforcement title”) that “Defendant B shall pay to the Plaintiff the amount of KRW 68,00,000 and interest calculated at the rate of 15% per annum from October 9, 2015 to the date of full payment” (hereinafter “instant enforcement title”).

B. On September 24, 2013, the Plaintiff filed an application for provisional seizure of claims with the Incheon District Court 2013Kadan13909 for the preservation of the above enforcement claim. The court rendered a provisional seizure of claims to “the amount of KRW 68,00,000, out of the agreed claim amount to be paid by the debtor (stock company B) from the third debtor (the defendant, at the time when the debtor was holding the land C in the Gun-si, Jeollabuk-si, Jeollabuk-do, and agreed to pay to B as a result of holding the transmission line to the above ground air space)” (the provisional seizure order of claims was served on the Defendant on September 27, 2013). On October 26, 2017, the court issued the provisional seizure order to the Defendant on September 27, 2013, based on the instant enforcement title, issued the assignment order to the Defendant to whom the claim attachment and assignment order was transferred to the third debtor (hereinafter “instant assignment order”).

C. A claim for restitution of unjust enrichment was filed against the Defendant under Seoul Central District Court Decision 2013Da5124599, Seoul Central District Court Decision 2013Da512499, and the main content of the cause of the claim was that at the time when the Plaintiff owned the land of Jeollabuk-do Gun, the Defendant would return unjust enrichment equivalent to the rent the Defendant incurred while installing the power transmission line on the said land. (2) The above court held that the Defendant would return unjust enrichment on June 17, 2014 to B until August 14, 2014.