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(영문) 대구지방법원 2017.07.12 2016나312200
부당이득금반환
Text

1. The part against Defendant D in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be filed.

Reasons

1. Facts of recognition;

A. The Plaintiff knew that the deceased E (hereinafter “the instant land”) was incorporated into the G zone in Daegu Dong-gu, Daegu-gu, and four parcels (hereinafter “the deceased”) under the ownership of the network E (hereinafter “the network”), and received compensation by finding the deceased together with the Defendants, and received part of the compensation in the name of the commission.

B. The Plaintiff, at the request of the Defendants, remitted the amount of KRW 20 million on June 20, 2007 to the Daegu Bank Account in the name of B, and KRW 3 million on September 1, 2007, respectively.

C. On June 22, 2007, the Deceased created a collateral security of KRW 1 billion with respect to the instant land as a collateral (Seoul District Court No. 23773, Jun. 22, 2007, the Daegu District Court No. 23773, which received on June 22, 2007) with the Plaintiff’s wife H and Doz as a collateral.

On July 22, 2008, H and I received an order for the seizure and assignment of claims by subrogation for each amount of KRW 500 million among the claims for the expropriation compensation which the deceased would have against the Korea Land Corporation (Tgu District Court 2008TTTTTG 8072) as a result of the expropriation of the instant land by the Korea Land Corporation (TTG). As the deceased died on August 2, 2008, on December 10, 2008, on December 10, 2008, H and I received a decision of correction (TT District Court 2008CG 2471) that rectifys the obligor as co-inheritorss of the deceased, such as M et al.

E. On October 20, 2008, the Korea Land Corporation deposited KRW 1,317,282,250 of the compensation amount as the Daegu District Court No. 4966 in 2008 on the ground that the said claim attachment and assignment order was issued against the compensation amount for the instant land.

F. On October 10, 2009, the Plaintiff and the Defendants drafted a written agreement to divide the Plaintiff’s KRW 90 million and the Defendants’ KRW 75 million, after deducting the Plaintiff’s compensation amount from the Plaintiff’s expense on the instant land.

G. As to the compensation for the instant land, the distribution procedure (N of the Daegu District Court) began, and the distribution court (N of the Daegu District Court), on October 22, 2009, to P, the assignee of the I’s credit, KRW 500 million, and KRW 420 million, to H’s credit transferee, KRW 420 million.

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