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(영문) 대구지방법원서부지원 2014.10.01 2014가단1519
부당이득금반환
Text

1. The Plaintiff:

A. The Selected C is 5,600, out of the money deposited with the Seoggu District Court Branch of the Daegu District Court in 2013 gold 1056.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 2 billion to another (debtor I and J) and registered the establishment of the first-class neighborhood living facilities (public bath; hereinafter “instant building”) on a parcel of six lots, other than the size of 456 square meters on the land in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, Gyeong-do, which was owned by the Plaintiff, with a total sum of KRW 2.6 billion on August 4, 2011.

B. As indicated in the following table, I entered into a lease agreement with each of the designated parties, the Defendant (Appointed Party), the Defendant (hereinafter referred to as the Appointed Party), and the Defendant (hereinafter referred to as the “Defendants”), respectively, and the Defendants obtained a fixed date.

w) The other party’s deposit for the subject matter of a contract date: C 7,00,000 on October 17, 201; until October 16, 2012; 7,50,000,00; 10.08.0,000 on October 14, 201; 20.10,000 on September 27, 201; 10,000,000,000 on September 27, 201; 20.10,000,000,000 on September 27, 201; 10,000,000,000 on September 27, 201; 20,000,000 on September 27, 2011; and

C. On March 7, 2012, the Plaintiff received a voluntary decision to commence the auction of the instant building from this court L on the basis of the foregoing collateral security right. The Defendants, at the above auction procedure, prepared a distribution schedule as it is by making a lessee a demand for distribution of the deposit money indicated in each of the above table (However, Defendant B was KRW 7.5 million), but the Plaintiff and Ulsan Military Fisheries Cooperatives filed a lawsuit of demurrer against the distribution and deposited the said amount as the case number stated in paragraph (1) of the above Table.

Since then, the Plaintiff was absent on the first date for pleading of the lawsuit of demurrer against distribution, and was deemed to have been withdrawn by the Plaintiff on the said deposit to the Republic of Korea.

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