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(영문) 부산지방법원 2018.02.08 2017가단27699
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 13, 1989, B completed the registration of ownership transfer with respect to 1/2 shares out of 900 square meters in Gangseo-gu Busan Metropolitan City C, Gangseo-gu (hereinafter “instant co-ownership”).

B. On April 30, 2007, the Plaintiff completed the registration of the establishment of a mortgage on the ground of the maximum debt amount of the instant co-ownership KRW 60 million.

C. On November 17, 2008, the Defendant completed provisional attachment registration upon receipt of the decision of provisional attachment by Changwon District Court 2008Kadan8038 as to the co-ownership of this case.

The Korea Water Resources Corporation, while implementing the D Project, continued to accept the instant co-ownership of the land in the project site.

E. On June 30, 2016, the Defendant received a seizure and collection order regarding the instant co-ownership claim against the Korea Water Resources Corporation B as the obligor B, the third obligor, the Korea Water Resources Corporation, the claim amount of KRW 228,674,287, based on the payment order of KRW 2007Da364 from the Changwon District Court 2007Da364 (hereinafter referred to as “the Changwon District Court”). At that time, the Defendant received the seizure and collection order of the instant co-ownership claim against the Korea Water Resources Corporation as the Korea Water Resources Corporation. The above seizure and collection order was served on the Korea Water Resources Corporation.

F. In accordance with Article 40(2)4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on June 2, 2017 and Article 248(1) of the Civil Execution Act, the Korea Water Resources Corporation deposited the above confinement compensation amount of KRW 8,433,00,000 in the Busan District Court Seo- Branch of the District Court in 759 in 2017, and reported the reasons therefor on June 9, 2017. Accordingly, the Korea Water Resources Corporation commenced the distribution procedure for the Chang-Support E.

G. On July 6, 2017, the Plaintiff was issued an order of seizure and assignment based on subrogation rights with respect to the obligor B, third obligor, Republic of Korea, claim amount of KRW 60 million against the Republic of Korea as the obligor B, third obligor, and claim amount of KRW 60,000,000, and the above order of seizure and assignment was served on the Republic of Korea on July 12, 2017.

(h) Creative support is rendered on August 29, 2017 as above E.

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