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(영문) 대구지방법원포항지원 2003.06.18 2003가합78
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts can be acknowledged in light of the whole purport of the pleading in each of Gap evidence Nos. 1, 2-1, 2-2, 21, 22-2, and 1, and Eul evidence Nos. 1, and there is no counter-proof.

The plaintiff was declared bankrupt on May 26, 2001 by the non-party bankrupt B cooperative (B cooperative union was appointed as bankruptcy trustee on May 26, 2002; hereinafter the same shall apply) with respect to the size of 1,105 square meters (the maximum debt amount at the time of designation is KRW 3698,00,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.

B. After that, the plaintiff filed a lawsuit against the bankrupt in Daegu District Court for the cancellation of the registration of creation of creation of each of the neighboring areas of this case (92 Gohap1650), and the bankrupt filed a counterclaim (92 Gohap 1667) with the bankrupt for the payment of the loan, and the above court rendered a ruling on February 11, 1993 that "the plaintiff (A) shall pay 120,000 won to the defendant (the bankrupt) and the amount equivalent to 5% per annum from April 7, 1992 to February 11, 1993 and the amount equivalent to 25% per annum from the next day to the date of full payment," and the above ruling was dismissed in the Daegu High Court 93Na1566 (the main lawsuit), 1573 (Counterclaim), all of which were appealed by both parties.

C. The bankrupt is the case in which the above final judgment is made in the name of the debtor.

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