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(영문) 수원지방법원 2014.05.01 2013나25313
배당이의
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On May 1, 2007, the Plaintiff filed a lawsuit against E for the execution and delivery of the procedure for the registration of ownership transfer with respect to the land and building F in Ansan-si in the Suwon District Court (hereinafter “the instant real estate”) at Ansan-si (hereinafter “the instant real estate”). The instant case was transferred to Suwon District Court, and the said court rendered a judgment in favor of the Plaintiff on April 10, 2009 (No. 2008Gadan2369) (hereinafter “the judgment in favor of the Plaintiff”), and the said court appealed to Suwon District Court on December 8, 2009 (hereinafter “the judgment in favor of the Plaintiff”). However, the said court appealed to the Suwon District Court on December 8, 2009 (No. 2009Na1065) and again appealed appealed appealed, but the said court dismissed the appeal on April 29, 2010.

(2010da7928). On the other hand, in order to prevent provisional execution of the delivery of real estate based on the above 2008Gadan2369 judgment, E applied for a suspension of compulsory execution to the Suwon District Court and received a decision of compulsory execution suspension on June 19, 2009 on the condition that deposit of KRW 5,00,000 from the above court (209Kaga1651), and deposited the above money (hereinafter “instant deposit”).

B. On October 29, 2010, the Plaintiff filed an application with Suwon District Court for the determination of the amount of litigation costs based on the above 2008Gadan2369 judgment, and received a final decision on October 29, 2010 (2010Kada109; hereinafter “the final decision on the amount of litigation costs of this case”) that “The amount of litigation costs to be repaid to the Plaintiff by E” was KRW 5,00,000, out of the claims based on the final decision on the amount of litigation costs of this case, and received a collection order (2010 Tata20931) regarding the claims to recover the deposit of this case against the Republic of Korea from Suwon District Court, with the claim amounting to KRW 5,00,000, out of the claims based on the final decision on the amount

C. The Defendant shall return the unjust enrichment of KRW 40,000 from the intermediate payment of KRW 40,000,00 which the Defendant received from the Defendant pursuant to the sales contract between the Defendant and E on August 31, 2006, and ② the interest on the loans to be paid by E.

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