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(영문) 서울북부지방법원 2020.05.26 2019가단139931
부당이득금
Text

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

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

Reasons

1. Basic facts

A. Defendant C, June 21, 2017, as the Incheon District Court No. 2017TT 2017T 2017, Defendant C’s claim against Plaintiff and Defendants D Co., Ltd. (hereinafter “D”).

B) A debtor is the Korea Land and Housing Corporation as the third debtor, as shown in the separate sheet held by D from the Korea Land and Housing Corporation (hereinafter referred to as “instant bonds”).

A) Of the claims, KRW 100,000, the amount of KRW 100,000 was received as the amount of the claim, and the said decision reached the Korea Land and Housing Corporation, which is the garnishee, on June 26, 2017. (2) Meanwhile, around July 21, 2017, D entered into an assignment contract with E Co., Ltd. (hereinafter “E”) and the said company to transfer the claim amounting to KRW 2,650,00,000 out of the instant claim amount (hereinafter “instant assignment contract”). On July 24, 2017, D received the said notification to the Korea Land and Housing Corporation.

3) On September 25, 2017, as Incheon District Court 2017TTT23158, the Plaintiff: (a) issued a collection order on KRW 428,00,00 among the instant claims against the Korea Land and Housing Corporation; and (b) the Defendant Company reached the Korea Land and Housing Corporation on September 28, 2017, as Incheon District Court 2017, as the debtor, the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation as the third party obligor; (c) issued a collection order on KRW 428,00,000 among the instant claims against the Korea Land and Housing Corporation, and 300,000,000 among the claims against D’s claims against the Korea Land and Housing Corporation; and (d) reached the Korea Land and Housing Corporation on November 22, 2017, as the debtor, the Korea Land and Housing Corporation as the third party obligor, and received the collection order on KRW 29,45,093,2717.

B. The Korea Land and Housing Corporation for the execution deposit of Korea Land and Housing Corporation competition with creditors, including the Plaintiff, with respect to the construction cost to be paid to D, provisional attachment, seizure and assignment of claims.

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