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(영문) 춘천지방법원강릉지원 2019.01.15 2018나30945
유치권 부존재 확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and C and D related 1) in relation to the Plaintiff and C and D, from the name of the “G point of view” in Gangnam-si H, the Plaintiff and C were bound by the process of having the said point of view against the customers who found the said point of view, and D are the co-borns of C. 2) The Plaintiff was attending the said G point of view from around 2010 to the said G point of view, and requested for the issuance of the right to demand reimbursement, etc.

B. On March 18, 2015, the Plaintiff issued KRW 260 million to C on March 18, 2015, after hearing the phrase “the Plaintiff’s money delivery to C and criminal punishment against C” from C, which read, “The real estate was occupied by a large land, would be transferred to two times a year, and the real estate was transferred to C for ten times a year to obtain this opportunity.” The Party may receive KRW 10 million a check from C on March 2015, 2015, which read, “I will receive KRW 260,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000 won.”

3) As above, C was indicted as a crime of fraud against the Plaintiff on the ground that he/she acquired a total of KRW 630 million from the Plaintiff, and was convicted of two years of imprisonment on March 17, 2016 (No. 2015dadan1379), and C appealed on September 22, 2016, and was sentenced to a conviction of one year and eight months of imprisonment (No. 2016No1366 of the Chuncheon District Court Decision), and C appealed appealed on December 15, 2016, but the appeal was dismissed on December 15, 2016 (Supreme Court Decision 2016Do15852). C purchased each real estate listed in D’s list 1) was finalized from the Plaintiff.

After receiving KRW 630,000,000, it deposited KRW 280,000,000 in the name of D on April 6, 2015, and KRW 350,000 on April 9, 2015, respectively.

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