부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. The Defendant: (a) based on the executory order issued by the Jeonju District Court Decision 2014Da4958, the Defendant filed an application for seizure and assignment of claims with the Jeonju District Court Decision 2014Da5427 on June 24, 2014, regarding KRW 60 million among the claims held by the third debtor, Jeollabuk-do and the school foundation, Dodong-do Private Teaching Institutes; and (b) received an order for seizure and assignment of claims from the said court on June 24, 2014.
Since then, on January 14, 2015, the Defendant received KRW 37,720,240, and KRW 18,640,000 from Jeollabuk-do, a garnishee, based on the assignment order.
B. The Defendant: (a) based on the executory order issued by the Jeonju District Court 2014j. 4958 for the sale of goods; (b) filed an application for seizure and assignment of claims with the Jeonju District Court 2014TT 5632 regarding KRW 16,049,470 among the claims held by the Plaintiff against the third obligor for the completion of the school foundation; and (c) was issued by the said court on July 2, 2014.
Since then, on March 18, 2015, the Plaintiff received dividends of KRW 16,049,470 as a wholly entitled person (2014TTT 5632) in the distribution procedure in the Jeonju District Court C.
C. Based on the authentic copy of No. 770 of the No. 2014 No. 770 of the No. 2014, the Defendant filed an application for the attachment and collection order of the claim with the Jeonju District Court 2014TTY 201, the Defendant issued a collection order on July 2, 2014.
After all, on December 3, 2014, the Plaintiff received dividends of KRW 7,623,614 as a collection authority (2014TTT 5633) in the distribution procedure of D distribution from the Jeonju District Court (2014TT 5633), as a collection authority (2014TT 5633) in the Jeonju District Court E-distribution procedure on December 29, 2014. < Amended by Act No. 1,609,704, May 1, 2014; Act No. 12876, Dec. 3, 2014>
Since then, the defendant was additionally paid KRW 5,051,155 according to the above collection order (2014TTT 5633).