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(영문) 수원지방법원 2016.06.02 2015가단137301

손해배상(기)

Text

1. Of the instant lawsuit, the part of the claim for damages amounting to KRW 3,000,000 as a result of unfair provisional seizure.

Reasons

1. Basic facts

A. The Defendant filed a criminal complaint against the Plaintiff 1) The Defendant filed a complaint against the Plaintiff for embezzlement on the criminal fact that “The Plaintiff, on January 18, 1990, made a joint investment with the Defendant and D, purchased the forest land in Gangwon-gun, and completed the registration in the name of the Defendant. On December 21, 1999, the Plaintiff agreed on the registration of the said forest land and transferred it under the name of the Plaintiff. On March 28, 201, the Plaintiff filed a complaint against the Plaintiff for embezzlement on the grounds that “The said forest and field were expropriated as Korea Southern Development Co., Ltd., Ltd., Ltd., and received the compensation amounting to KRW 135,740,000,000, which is KRW 135,740,000 among them, and embezzled without paying to the Defendant” (hereinafter

(2) On May 17, 2012, the Seoul Central District Prosecutors' Office rendered a disposition that the Plaintiff was guilty due to lack of evidence. (2) On January 18, 1990, the Defendant again purchased forest E in the form of joint investment with the Defendant and D, and transferred the ownership of the said forest E in the name of the Plaintiff on December 21, 1999 after completing registration under the name of the Defendant. On August 28, 2011, the said forest land was expropriated as Korea Southern Development Co., Ltd. and received 151,860,000 won as compensation, and thus, the Defendant filed a criminal complaint against the Plaintiff for embezzlement on the ground that “the Plaintiff’s complaint against the same crime was dismissed” (hereinafter referred to as “the Defendant’s criminal charge”).

B. On April 12, 2013, the Defendant filed a lawsuit against the Plaintiff for return of unjust enrichment with the Suwon District Court 2013Kahap7762, and the Suwon District Court 2013Kadan101246, which applied for provisional seizure of real estate against the Plaintiff, as the Suwon District Court 2013Kadan101246, the Defendant applied for provisional seizure of real estate against the Plaintiff-based F apartment 202 Dong-dong 901 on July 18, 2013.