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(영문) 인천지방법원부천지원 2020.04.24 2019가단26238
부당이득금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 11, 2008, the Plaintiff received a bond attachment and collection order (Seoul Central District Court 2008 other bond 7403) with the claim amounting to KRW 4.95 billion as a beneficiary under a trust agreement with respect to the Failty No. 181, 2006 No. 181, 2006, hereinafter “instant No. notarial deed”) as the title of the deed of promissorysory notes against the LAD.

On the other hand, on April 14, 2008, the defendant received a provisional attachment decision (Seoul District Court Decision 2008Kahap366, 367) with respect to the same claim based on the loan claim against the KOcheon District Court D, and on April 16, 2008 and April 21, 2008, received a seizure and collection order (Seoul Central District Court Decision 2008 Tasan825, 8679) with respect to the same claim based on the promissorysory deed.

B. On June 18, 2009, the FBA deposit of KRW 5,349,004,291 (Seoul Central District Court No. 10716, 2009; hereinafter “the deposit in this case”) with the KFAD in a trust agreement, and on August 26, 2011, the distribution procedure for the above deposit (Seoul Central District Court G; hereinafter “instant distribution procedure”) was made. The Defendant stated an objection against multiple creditors and filed a lawsuit of demurrer against distribution.

C. The Defendant received additional dividends of KRW 2,241,140,608 as follows through a lawsuit of demurrer against distribution.

Seoul Central District Court 201Gahap92027, and 1.28 August 8, 2012, 201, 234,591,6712, the above court 201Gahap9206, 8193 (I), JJ 2058, 92058, 721, 820, 4224 201Na43685, and 2012, 201Gahap9206, 686, 8193, the above court 201Gahap92053, August 8, 2012, 201, and 360 or 43685 (Seoul High Court 2005Na37922, 2013 or 37946, 19636, 206, 204, 2013 or 379224, respectively)

2. The Parties.

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