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(영문) 대구지방법원 2016.07.22 2015가단127381
부당이득금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. Claim 1 against Plaintiff (Appointed Party) and Appointed Party C is limited to Plaintiff (Appointed Party; hereinafter “Plaintiff”).

(2) The Appointed has a claim for the construction cost calculated at the rate of 6% per annum from January 6, 2011 to May 2, 2013 with respect to C, and 20% per annum from the next day to the date of full payment (a claim based on an executory exemplification of the judgment in the Daegu District Court Decision 2013Gau 18972) with respect to C, with respect to the amount of KRW 8,170,00,00 per annum from July 13, 201 to February 5, 2015; and the claim for the construction cost calculated at the rate of 20% per annum from the next day to the date of full payment (a claim based on the executory exemplification of the judgment in the Daegu District Court 2014Na20977).

3) The Appointor D filed an application for provisional seizure of real estate against C by stating that C shall have the claim amounting to KRW 9,965,00 and KRW 5% per annum from January 6, 2011 to September 16, 2014, and the claim amounting to KRW 20% per annum from the next day to the date of full payment (the claim based on the certified copy of the judgment with executory power in the case of construction cost payment case of Seo branch branch of the Daegu District Court Decision 2013Da13072). (B) The creditor of C’s disposal disposition 1) against C, F, a creditor of the 7 Dong-dong building, such as Cheongdo-dong G apartment of 101, No. 101, No. 101, and 12 parcels of land, “The amount of claim was KRW 135,410,000,000,” and received a provisional seizure order from the above court.

2) On November 1, 2012, C deposited KRW 135,410,00 based on Article 282 of the Civil Execution Act as the Daegu District Court Decision 8893, the Daegu District Court deposited KRW 135,410,00 in order to revoke the execution of the above provisional seizure. On November 5, 2012, the said Court rendered a decision to revoke the execution of the provisional seizure on each of the above real estate owned by C as the Daegu District Court Decision 2012Ka1676, Apr. 24, 2014 (C) as the Certificate 356 prepared by a notary public in the HJoint Law Office.

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