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(영문) 인천지방법원 2015.05.29 2014가합5681
손해배상(기)
Text

1. The Defendant: KRW 87,446,215 for the Plaintiff and KRW 5% per annum from May 27, 2014 to May 29, 2015.

Reasons

1. Basic facts

A. On February 2, 2007, the Plaintiff filed a lawsuit against B for the return of unjust enrichment with the Incheon District Court. On September 12, 2007, the Plaintiff was sentenced to the judgment that “B shall pay to the Plaintiff 50,000,000 won and the amount calculated by the rate of 20% per annum from July 26, 2007 to the day of full payment (No. 11681),” and (ii) filed a lawsuit for the return of unjust enrichment different from the above judgment against B on May 30, 207, and “B shall pay to the Plaintiff 5,00,000,000 won per annum from the day following the date of payment to the day of full payment.” If B fails to pay the above money by the due date, 200% per annum of settlement shall be paid to the Plaintiff.

(207Galy7245). (b)

B Based on the loan claim amounting to KRW 250,00,000 against C, B obtained on May 26, 2006, the registration of creation of a mortgage amounting to KRW 250,000,000 with respect to the loan claim amounting to KRW 1845,00 square meters in Chungcheongnam-nam Budget E-gun (hereinafter “instant orchard”).

C. On October 20, 2010, the Plaintiff filed an application to specify the property relationship with B, and there is a concern for compulsory execution of the loan claim against C, B transferred the loan claim against C to the Defendant in a false manner, and on January 11, 201, the registration of transfer of the registration of the establishment of a neighboring mortgage was completed to the Defendant.

On April 29, 2011, the instant orchard was sold at a voluntary auction. On June 201, the Defendant received approximately KRW 206,000,000 based on the registration of transfer of the establishment of the instant root in the said voluntary auction procedure.

E. B was indicted for evading compulsory execution due to the foregoing facts, and was sentenced to a conviction for ten months by imprisonment with prison labor for the Incheon District Court 2012 Godan11474 on July 9, 2013.

B The appeal was filed by the Incheon District Court 2013No2129 on September 27, 2013. The judgment of the court below was reversed, sentenced to 10 months of imprisonment, and sentenced to 2 years of suspended execution. The above judgment became final and conclusive on October 5, 2013.

On the other hand.

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