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(영문) 부산지방법원 2017.08.25 2016나50426
부당이득금반환 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. B’s application for provisional disposition and conclusion of the First Guarantee Insurance Contract 1) B, February 21, 2005, Co., Ltd. (hereinafter “C”)

(2) On March 8, 2005, this Court issued to B a deposit insurance contract with the Plaintiff on March 7, 2005, the insured amount of KRW 230 million, and the contents of the guarantee amount of KRW 230 million as security for the provisional disposition obligor C (deposit insurance policy) with respect to the building on the 6th floor area of Busan Western-gu D, Busan as the right to claim the cancellation of the ownership transfer registration in the name of C as the right to be preserved. On March 8, 2005, the above court ordered B to provide as security for the provisional disposition obligor C. The above court issued a deposit insurance contract with the Plaintiff and the insured amount of KRW 230 million as security for damages arising from the disposal of the above real estate (hereinafter “instant guarantee insurance contract”).

3) On March 8, 2005, the above court rendered a provisional disposition order on the above building (hereinafter “the provisional disposition order of this case”).

B. On March 30, 2006, the provisional disposition decision of this case was executed around that time. (b) B applied for provisional attachment and the contract for the second guarantee insurance contract of this case was executed on March 30, 2006, with the claim for construction price against C as the right to be preserved, and filed an application for provisional attachment on the size of 1296 square meters and the size of 6 stories above that of Busan Seo-gu D, Busan, and the above court ordered on April 4, 2006, the debtor for provisional attachment to provide KRW 238,100,000 (which can be submitted as the deposit insurance policy) as security for C.

2) Accordingly, on March 30, 2006, B stipulated the Plaintiff and the insured as C, the purchase amount of insurance KRW 238.1 million, and the terms of the guarantee as damages security following the provisional seizure against the said real estate (hereinafter “instant second guarantee insurance contract”).

(3) On April 4, 2006, the court issued a provisional attachment order with respect to each of the above real estate (hereinafter “instant provisional attachment order”) and submitted it.

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