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(영문) 수원지방법원 2015.10.07 2015가단2207
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 43,149,499 and interest rate of KRW 20% per annum from February 4, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 29, 2012, the Plaintiff, Nonparty C, and the Defendant drafted, as a notary public’s No. 471, a certificate of promissory notes issued on June 29, 2012, the issue date of which was June 29, 2012, as the issuer and C, the payee, the Defendant, the face value of KRW 450,000,000,000, and the due date of which was July 30, 2012 (hereinafter “instant No. notarial deeds”).

B. After preparing the instant notarial deed, on August 31, 2012, the Defendant and C confirmed that the instant notarial deed was prepared in the form and thus null and void. The Plaintiff prepared a written confirmation to confirm that there is no debt against the Defendant, and that the Plaintiff will not take any legal measures, such as compulsory execution based on the instant notarial deed, civil and criminal litigation, against the Plaintiff in the future.

C. However, on September 20, 2012, the Defendant filed an application for compulsory auction of real estate Nos. 103 (hereinafter “instant real estate”) with the Suwon District Court E with the title of execution with respect to the instant notarial deed as the title of execution, and received a ruling to commence the auction on September 21, 2012.

In the above auction procedure, the instant real estate was sold to Nonparty F, and the Defendant received dividends of KRW 43,149,49 on July 12, 2013 in the distribution procedure of the said compulsory auction case.

E. On November 28, 2014, the Plaintiff filed a lawsuit of demurrer against the Defendant in Suwon District Court 2013Gahap28929, and sought a refusal of compulsory execution based on the instant authentic deed, and received a favorable judgment on the grounds that the Defendant appealed against the Defendant, but the said Plaintiff’s favorable judgment became final and conclusive upon withdrawal of the appeal on March 6, 2015.

F. Meanwhile, when the Plaintiff files an objection to the said claim, the Suwon District Court deposited KRW 10 million with the Suwon District Court deposited KRW 2163,000 as a deposit for the suspension of compulsory execution upon filing an application for the suspension of compulsory execution under the Suwon District Court 2014Kala454. The Defendant based on the notarial deed of this case as to the Plaintiff’s right to claim for the recovery of deposit amounting to KRW 10 million.

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