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(영문) 대전지방법원홍성지원 2020.11.06 2019가단34800
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. C Co., Ltd. (hereinafter “C”) filed an application for provisional attachment against the Plaintiff on June 30, 201, on the basis of the claim for construction cost related to the construction work for the construction of a multi-family house on the surface (hereinafter “instant construction”) and 16 parcels of land owned by the Plaintiff, and received the decision of provisional attachment on June 30, 201, by filing an application for the provisional attachment against the Plaintiff on the Hongsung branch of the Daejeon District Court, Hongsung branch of the Daejeon District Court 2011Kahap120, the first instance court filed a lawsuit for the said claim for construction cost, and was rendered a partial winning judgment around December 201, 200 in the lawsuit of Hongsung branch of the Daejeon District Court 201Gahap270, which was the first instance court, but filed an appeal for the part against the Plaintiff, the Daejeon High Court 2013Na636, May 8, 2013, which was the appellate court (hereinafter “instant decision”).

1. The decision of the Plaintiff shall withdraw from C an application for provisional attachment No. 2011Kahap120 for red support of the Daejeon District Court by the Daejeon District Court, and shall pay 100 million won to C by August 31, 2013 at the same time upon implementation of the procedure for cancellation of the attachment.

2.C shall withdraw a request for provisional attachment No. 2011Kahap120 from the Daejeon District Court for Hongsung branch of the Daejeon District Court at the same time with the payment of the above money from the Plaintiff and implement the procedures for cancellation of the enforcement.

3. If the Plaintiff fails to pay all the above amount until August 31, 2013, or if the ownership is changed by auction even if one of the E-dong, F, Hdong in G, I, and J in L, and one of the M-dong in L, which is located in S-si, S-si, from the day following the above land payment date or from the day following the above land payment date to the day of full payment, the Plaintiff shall pay to C a delay for delay at the rate of 20 million won per annum from the day after the above land payment date or from the day following the above land payment date to the day of full payment.

4. C waives the remainder of claims.

5. The total costs and expenses for conciliation shall be borne by each person;

B. The Plaintiff failed to pay KRW 100 million to C by August 31, 2013, which is the deadline prescribed in paragraph (1) of the instant decision, and the Defendant issued the instant decision from C on August 13, 2013.

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