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(영문) 춘천지방법원원주지원 2015.07.16 2014가합1177
손해배상 및 부당이득금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The summary of the cause of the claim was purchased from the plaintiff, and the defendant B purchased the right to move into the subscription deposit account in the plaintiff's name, and thus, the defendant B had a duty to pay the purchase price because it purchased D apartment units 403 Do 1204 Do 1204 Do 1204 Do 1204 (hereinafter "the apartment unit of this case") in the plaintiff's name, but it had the defendant C resell the apartment unit of this case by obtaining a loan under the plaintiff's name and paying half of

The Defendants: (a) conspired to sell the Plaintiff’s right to move into the apartment of this case to Defendant C with KRW 750 million on April 4, 2009; (b) forged the receipt that the Plaintiff borrowed KRW 750 million at the face value of the Plaintiff’s issuance on April 4, 2009; (c) and the receipt that the Plaintiff borrowed KRW 750 million from the Defendant C; and (d) based thereon, filed an application for provisional attachment of the claim amounting to KRW 750,000,000 against the Plaintiff as the claim claim and received a provisional attachment order.

Defendant B: (a) as the resale of the right to move in constitutes a tort, Defendant C, the buyer, is bound at the time of accusation; and (b) Defendant C, in collusion, demanded the Plaintiff to pay the claim amount of KRW 750 million according to the provisional attachment order above, thereby threatening the Plaintiff; (c) around October 16, 2009, Defendant B received KRW 125 million from the Plaintiff; and (d) Defendant C received KRW 185 million from the Plaintiff, in total, KRW 60 million from the Plaintiff, and 185 million from the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 185 million and the damages for delay, as the damages for the tort or the return of unjust enrichment.

2. There is no evidence to prove that the Defendants, as alleged by the Plaintiff, interfered with the Plaintiff and interfered with the Plaintiff and interfered with KRW 185 million without any legal cause.

Rather, according to each of the statements in Eul 8, 9, Eul 1, and 4 (including virtual numbers), the plaintiff is the defendants in relation to the contents of the above 1.1.

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