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(영문) 대구지방법원 2017.03.10 2016가단16280
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has a final and conclusive claim against the Defendant’s father C to pay the principal amount of KRW 30,664,367 and 24% interest per annum from June 30, 2004 to the date of full payment.

b) Daegu District Court Decision 2012Da38176 decided Nov. 27, 2012

1) Meanwhile, the building of 212 square meters and 2nd floor area in Daegu-gu, Daegu-gu (hereinafter “instant real estate”).

On November 15, 2010, the registration of ownership transfer was completed on September 21, 2010 under the Defendant’s name. (2) At the time of the purchase price, KRW 158 million was paid, but the buyer succeeded to the obligation of KRW 37 million to the lessee with the payment of the purchase price. The buyer was loaned KRW 55 million from a financial institution (former Saemaul Depository).

C. The Plaintiff received a claim attachment and collection order as to the claim that C has against the Defendant (the acquisition of the instant real estate was entrusted to the Defendant under the name of C, and C may claim a return of KRW 100 million out of the purchase price of the instant real estate to the Defendant for unjust enrichment or a claim for repayment of the loan) with the amount of KRW 100 million out of the finalized judgment amount.

(F) On April 20, 2016, the Daegu District Court Decision 2016TTY 1255 dated April 20, 2016, issued a seizure and collection order. The above seizure and collection order were served on the Defendant on April 25, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 4, 5, and Eul evidence 1-1

2. The assertion and judgment

A. As to the Plaintiff’s claim seeking collection money according to the above claim seizure and collection order, the Defendant acquired the instant real estate through loans from financial institutions (55 million won), succession to the obligation to return lease deposit (37 million won), loan money (60 million won) from E (E) and some cash, etc., and denied loans from title trust or C.

(b) judgment 1 collection amount;

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