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(영문) 의정부지방법원고양지원 2015.12.18 2015가합2973
청구이의
Text

1. The Defendant’s Goyang Branch of the District Court against Nonparty B (the main office) on January 27, 201, 2009ddan10489 (the main office).

Reasons

1. Basic facts

A. The Defendant is, inter alia, between Nonparty B’s deceased (the deceased on January 9, 2015, hereinafter “the deceased”) and his husband, and the Plaintiffs are married between the Defendant and the deceased.

B. B. Before the deceased’s death, the Defendant filed a lawsuit claiming divorce and consolation money (Seoul District Court 2009ddan10489) against the deceased, and the deceased claimed divorce and counterclaim against the Defendant (Court 2010ddan525) on January 27, 2011, the Defendant and the deceased divorced, and the deceased paid the Defendant KRW 329 million as property division (hereinafter “instant divorce judgment”), and the judgment became final and conclusive on February 28, 2011.

C. From the Defendant on February 28, 2011, the Deceased paid KRW 329 million to the Defendant. Nonparty E paid KRW 329 million to the Defendant with respect to the monetary claim of KRW 329 million against the Defendant, Nonparty E received the Defendant’s monetary claim of KRW 329 million on July 23, 2010 (hereinafter “instant collection order”), excluding KRW 48,345,205, excluding KRW 280,654,795, excluding KRW 48,345,205, - KRW 48,345,205,00,000 (hereinafter “instant collection order”), and the Defendant received the receipts to the effect that each provisional attachment on the deceased’s own and the obligation between the Defendant was settled.

Plaintiff

C’s cashier’s checks ( check number F) worth KRW 280 million issued on February 28, 2011, issued on February 28, 2011, were received by the Defendant through the presentation of payment by Nonparty G, the mother of the Defendant, and the Deceased paid the remainder of KRW 654,795 to the Defendant in cash around that time.

E. Accordingly, the registration of cancellation was completed on March 28, 201 due to the Defendant’s cancellation on March 2, 201 with respect to each provisional attachment on the attached list.

F. The Deceased remitted the above KRW 48,345,205 to E, and the KRW 48,345,205 from E on April 8, 2011.

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