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(영문) 서울동부지방법원 2021.02.17 2016가합108098

추심금

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendants are the parents of the Defendants, both South and North Korea, D, and E.

B. The Defendants, D, and E were registered as joint mining right holders of five mining rights (hereinafter collectively referred to as “each of the instant mining rights”) as follows:

1) A mining right registered by the JJ under the registration number F of the mining operating source G of the Gwangju Mayang-si G, Chungcheongnamyang-si G, Chungcheongnam-si, Hacheon-si, the unit of mining cadastral I, 201-06-23, and 2) the registration number K of the mining operating source of the Gwangju Macheon-si, Chungcheong-si, H, Chungcheongnam-si, Chungcheongnam-si, the location of which, H, Chungcheongnam-si, the mining cadastral L, 201-06-23, the mining registration number N of the mining operating source N, the location of HH, H H, 201-06-23, the mining registration number of the mining operating source of the Gwangju Ma-si, H, 201-06-23 P, the mining registration number of the mining source of the Macheon-si, Q, Chungcheongnam-si, the location of 1,010-21-23, 36, 06-3, 000.

C. D and E decided to withdraw from the joint mining right holder of each of the instant mining rights on September 24, 2012, and the procedure for registration of withdrawal was completed on the same day.

(d)

The Plaintiff filed a lawsuit against D, E, etc. on December 24, 2014, the Seoul Eastern District Court rendered a ruling to jointly and severally pay KRW 520 million to the Plaintiff KRW 50 million (hereinafter “instant judgment”). < Amended by Act No. 102430, 2014; Act No. 102430, hereinafter “instant judgment”).

E. On the basis of the executory exemplification of the instant judgment, the Plaintiff filed an application for a seizure and collection order with respect to the claim for the refund of the share of the mining right due to withdrawal, among the equity rights held by the obligor as a joint partner for the entire partnership property of each of the instant mining rights held by the obligor against the third obligor, based on D, E, and C, and C, based on the executory exemplification of the instant judgment, and the obligor filed an application for a seizure and collection order with respect to the claim for the refund of the share of the mining right due to withdrawal, among the equity rights held by the obligor as a joint partner for the entire partnership property of each of the instant mining rights of the instant case held by the obligor against the third obligor.