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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 21, 2011, the Plaintiff received an order to pay Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) at the Seoul Southern District Court 201 tea1.1977, “24.9 million won and the amount calculated by the rate of 20% per annum from February 26, 2011 to the date of complete payment.”
B. On February 18, 2013, the Plaintiff received the attachment and assignment order as to KRW 34,759,42 of the claim for dividend payment in the case of the Seoul Southern District Court Decision 2013TTTT29 and Nonparty Company’s District Court D’s District Court Decision 34,759,422.
C. Meanwhile, on February 13, 2013, the Defendant deposited KRW 38,850,519 out of the non-party company’s dividends claim amounting to KRW 60,000,00,00 in Seoul Southern District Court under Seoul Southern District Court Order 2013TTT2682, pursuant to the notarial Deed No. 7771 of 2009, which was made between the non-party company and the non-party company, and deposited KRW 31,947,40 (Distribution Rate835%) in the distribution procedure of the Seoul Southern District Court for the above deposit amount, the Defendant deposited KRW 31,87,80 in the non-party company’s dividends amounting to KRW 1,947,40 (payment Rate 5.015%) with the non-party F, 358,987 (Distribution Rate 20,924,926,136,296,196, etc.1636, etc.
2. Determination as to the cause of claim
A. The Plaintiff’s assertion is a notarial deed prepared by Nonparty Company in collusion with the Defendant for the purpose of evading compulsory execution.
The defendant made unjust enrichment on the money to be received by the non-party company due to a false notarial deed.
Therefore, the defendant is obligated to return the above unjust enrichment to the sub-committee, and the plaintiff, as a creditor of the non-party company, seeks the return of the claim amount of the above unjust enrichment on behalf of the non-party company
(b) judgment (1).