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(영문) 대구지방법원 2015.08.21 2015나300989
부당이득금 반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 22, 2010, Defendant National Agricultural Cooperative Federation (hereinafter “Defendant Agricultural Cooperative Federation”) received a decision on provisional seizure of real estate on the size of 2,751.9 square meters owned by Changwon District Court 2010Kadan1641 (hereinafter “instant real estate”) and completed provisional seizure registration based thereon.

In addition, Defendant Dong Agricultural Cooperatives (hereinafter “Defendant Dong Agricultural Cooperatives”) received a decision on provisional seizure of the real estate of this case as the court 2010Kadan2907 on April 27, 2010 with regard to the loan claims against Defendant Dong Agricultural Cooperatives (hereinafter “Defendant Dong Agricultural Cooperatives”), and completed provisional seizure registration based thereon.

B. On May 29, 2013, the Plaintiff, a creditor, filed an application for a compulsory auction on the instant real estate with the Changwon District Court Branch D, and on June 10, 2013, the decision to commence auction was issued, and on February 24, 2014, the Plaintiff paid KRW 2,168,102 to the National Agricultural Cooperative Federation, KRW 4,894,835 to the Defendant Agricultural Cooperative, and KRW 11,201,228 to the Plaintiff, respectively.

C. At the time of the above distribution, the dividends to the Defendant Agricultural Cooperatives Federation deposited with no executive title; on February 28, 2014, the Defendant Agricultural Cooperatives Federation received an order to pay the said indemnity claim against the Changwon District Court 2014 tea590, and received the dividends deposited on April 4, 2014 as executive title.

In addition, on January 14, 2009, the defendant Lee Dong-gun received a payment order for the loan claim (a part of this order is the claim for provisional seizure) from the Changwon District Court Order 2009j. 8, which received dividends on the date of the above distribution with the title of execution. D.

On the other hand, on October 28, 2013, the Plaintiff applied for the revocation of each provisional attachment by the Defendants on the grounds that each of the said provisional attachment was revoked on May 7, 2014, on the grounds that each of the said provisional attachment was revoked on the grounds that it did not file a lawsuit on the merits within three years after enforcement of the provisional attachment decision.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, 2.

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