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(영문) 대구지방법원 2016.10.28 2015가단25805
부당이득금반환
Text

1. Defendant D’s KRW 9,00,000 as well as the Plaintiff’s annual rate from September 2, 2007 to October 28, 2016, and the following.

Reasons

1. Basic facts

A. The relationship between the parties and the Plaintiff’s remittance 1) The Plaintiff, from May 1995 to May 1, 1995, was a national president with regard to the cancellation of the Green belt, on the Daegu Dong-gu, and four lots (hereinafter “instant land”).

(2) The Plaintiff, at the request of Defendant C and D, remitted the amount of KRW 20 million on June 20, 2007 to the Daegu Bank Account in the name of Defendant B, and KRW 3 million on September 1, 2007, to the Daegu Bank Account in the name of Defendant C and D, with the knowledge that the amount of compensation would be paid as incorporated into the G District.

B. 1) On June 22, 2007, E received an order for the seizure and assignment of claims by subrogation as to KRW 500,000,000,000 from among the expropriation claims to be acquired by E as a result of the expropriation of the instant land by the Korea Land Corporation on July 22, 2008 ( Daegu District Court Decision 2008TTTB8072), and thereafter on August 22, 2008, E received an order for the seizure and assignment of claims under subrogation as to KRW 100,00,000,000 from the expropriation of the instant land (Seoul District Court Decision 2008TTB).

3) On October 20, 2008, the Korea Land Corporation deposited KRW 1,317,282,250 of the compensation amount as Daegu District Court No. 2008Hun-Ba4966 on the ground that there was a claim seizure and assignment order as to the compensation amount for the instant land. 4) The distribution procedure was commenced regarding the compensation amount for the instant land. On October 22, 2009, the distribution court prepared a distribution schedule that distributes the amount of KRW 420 million (30 million to K, and KRW 50 million to L, respectively) to the J, the assignee of H’s claim. Accordingly, MA, the heir of the E, who is the heir, prepared a distribution schedule that distributes the amount of the compensation amount for the instant land.

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