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(영문) 춘천지방법원 2021.01.13 2020가합18
부당이득금반환
Text

1. All of the plaintiffs and the plaintiffs' successors' claims are dismissed.

2. Of the litigation costs, the costs are between the Plaintiffs and the Defendant.

Reasons

Basic Facts

The Defendant filed a lawsuit against the Plaintiffs for the claim for distribution of property based on the dissolution of the partnership (hereinafter “related lawsuit”) with Suwon District Court Branch 2014 combined 204075 (hereinafter “Seoul District Court”), and the settlement protocol between the aforementioned parties became final and conclusive as follows:

The Defendants (hereinafter “the Plaintiffs”) shall be jointly and severally paid KRW 300 million to the Plaintiff (hereinafter “Defendant”) by March 31, 2016, along with the withdrawal of the application for provisional seizure of 2014 Gohap 63 real estate from the Chuncheon District Court (hereinafter “Defendant”).

By March 31, 2016, the Plaintiff shall be jointly and severally paid KRW 300 million by the Defendant and at the same time withdraw the application case for provisional seizure as stated in paragraph 1.

4. In 2002, the Plaintiff and the Defendants confirmed that there is no obligation relationship except as set forth above with respect to the Plaintiff’s investment of KRW 100 million in the Defendants’ real estate business.

According to the above reconciliation protocol, the plaintiffs paid KRW 300 million to the defendant, and the defendant withdrawn the application for provisional seizure of the above real estate on September 27, 2016 and cancelled the execution thereof.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings, the plaintiff alleged by the parties to the lawsuit as to the purport of the whole pleadings, which suffered damage of KRW 100 million by the defendant's illegal acts, caused property damage by judicial compromise in the related lawsuit, and thus, the defendant shall compensate the plaintiffs for the damage.

Since the Defendant set up a collateral security of the maximum amount of KRW 325 million with respect to the claim amounting to KRW 325 million with respect to the land of this case (hereinafter “instant land”) owned by the Plaintiff, Ycheon-si, E, Ycheon-si (hereinafter “the instant land”), and illegally withdrawn KRW 22 million, the Defendant shall compensate the Plaintiffs for the damages.

The Intervenor’s Intervenor’s assertion is subject to seizure and assignment order on the part of KRW 3.3 million among the claims to be returned by the Defendant, and since the above order became final and conclusive, the Defendant is KRW 3.3 million for the Intervenor.

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