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(영문) 수원지방법원성남지원 2019.04.30 2018가합1120
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 28, 1998, Suwon District Court Decision 98Kadan51436 rendered a decision on provisional seizure against real estate regarding buildings, etc. listed in the separate sheet as the right to receive the return of the down payment, etc. and the claim for the penalty against D (hereinafter “D”) as the right to be preserved.

B. Since then, C filed a lawsuit against D on December 24, 199 by filing a claim for the return of down payment, etc. with the Suwon District Court Sung-nam Branch 99Gahap2184, and was rendered a favorable judgment on December 24, 199, and the above judgment became final and conclusive around that time.

C. Meanwhile, E Co., Ltd. (hereinafter “F”), regardless of whether the trade name was changed to FF Co., Ltd., Ltd. (hereinafter “F”), filed a lawsuit against D against D seeking the refund of lease deposit under the Seoul District Court Decision 2000Gahap18135, and was sentenced to a favorable judgment on May 10, 2001, and the said judgment became final and conclusive around that time.

After that, F applied for a payment order against D as Seoul Southern District Court 201Da6959 on May 16, 201 for the interruption of extinctive prescription of the above final judgment and received a payment order citing the application from the above court on May 16, 201, and the above payment order was finalized around that time.

E. On December 10, 2015, F transferred the claim for the return of the said lease deposit to G Co., Ltd., and the Defendant transferred the said lease deposit claim from G on January 29, 2016.

F. C transferred the above judgment amount claim to the Plaintiff on November 16, 2016, and D consented to the assignment of claim on the same day.

In addition, the Plaintiff filed a payment order against D with the Suwon District Court Branch 2016Da3197, which sought the payment of the above transfer money, and received a payment order citing the said application from the above court on December 19, 2016. The above payment order was finalized around that time.

G. On February 7, 2017, the Defendant filed an application with Suwon District Court for the revocation of the provisional attachment order on the real estate stated in the separate sheet with the Sungwon District Court Branch 2017Kadan60210 on behalf of D, and the said court rendered the above favorable judgment on May 2, 2017.

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