제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On October 18, 2004, the defendant filed an application for provisional seizure with the Seoul Central District Court 2004Kadan128269 as the claim amounting to KRW 100,000,000 loans with respect to each real estate listed in the separate sheet, which was owned by B on October 18, 2004, and received a decision of provisional seizure from the above court on October 13, 2004 (hereinafter "provisional seizure of this case"). The provisional seizure registration of each of the above real estate was completed around that time.
On November 26, 2004, the Defendant filed an application with the Seoul Central District Court for conciliation against B for the payment of promissory notes issued by B in relation to the above loan, and on March 18, 2005, the above court rendered a compulsory conciliation order with the content that “B shall pay to the Defendant the amount of KRW 100,000,000 by May 31, 2005, and if unpaid, the payment shall be made in addition to the interest rate of KRW 20% per annum from the next day to the date of full payment,” and on April 12, 2005, the above compulsory conciliation order became final and conclusive.
(2) On March 6, 2009, the Plaintiff purchased each real estate listed in the separate sheet Nos. 19, 20, and 21 (hereinafter “each real estate of this case”) from RospFBB on March 6, 2009. On May 21, 2009, the Plaintiff completed the registration of ownership transfer for each of the real estate of this case under the title No. 10589.
After that, each of the instant real estate was trusted to the New Real Estate Trust Co., Ltd., and the ownership was returned to the Plaintiff on August 13, 2015.
On November 6, 2013, the Defendant filed an application with the Seoul Central District Court No. 2013 tea74994 for a payment order between B and the Defendant seeking payment of money based on the compulsory conciliation decision of this case.
On November 14, 2013, the above court issued a payment order stating that “B shall pay to the Defendant 100,000,000 won and 20% interest per annum from June 1, 2010 to the date of full payment,” and the foregoing order on December 10, 2013.