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(영문) 서울서부지방법원 2019.08.22 2018가합41849

청구이의

Text

The Seoul Western District Court (Seoul Western District Court), April 28, 2016, enforced enforcement against the plaintiff on the payment order of 2016 tea1369.

Reasons

1. Facts of recognition;

A. 1) Nonparty C Co., Ltd. (hereinafter “C”)

In the process of compulsory auction, the Seoul Western-gu Seoul Western-gu Seoul Western-200 square meters and its ground buildings (hereinafter each “each”) are the instant building.

) After receiving a successful bid on April 27, 2005 and completing the registration of ownership transfer on April 27, 2005, the Plaintiff completed the registration of ownership transfer again on May 2, 2008 (hereinafter “the instant registration of ownership transfer”).

(2) On April 1, 2016, Nonparty E, the Plaintiff’s spouse, filed a divorce and a lawsuit claiming division of property against the Plaintiff.

3) On April 18, 2016, C filed a request against the Plaintiff for a payment order stating that “the remainder of KRW 350,000,000 that was unpaid from the purchase price of the instant land and building and the interest thereon is paid,” and that “the Plaintiff shall pay C the interest for KRW 625,530,000 and the interest for KRW 350,000 that was paid,” the payment order of April 28, 2016 (Seoul Western District Court Decision 2016 tea1369, hereinafter “instant payment order”).

4) E filed a criminal complaint against Nonparty F, the actual operator of the Plaintiff and C, and Nonparty G, the C representative director, for the crime of evading compulsory execution.

5) On June 19, 2017, C prepared a written withdrawal to the Plaintiff stating that “I will waive the full amount of the claim against the Plaintiff and not execute the instant payment order, and will submit the written withdrawal of the instant payment order to the Plaintiff and E” (hereinafter referred to as “the expression of intent to waive the instant claim”).

(6) Meanwhile, around August 2016, the Defendant acquired the claim against C with respect to the Plaintiff based on the instant payment order from C, and notified the Plaintiff of the transfer of the claim on November 5, 2018. The Defendant received the succession execution clause regarding the instant payment order on November 9, 2018.

B. On April 20, 2016, C filed a lawsuit claiming the cancellation of ownership transfer registration against the Plaintiff in addition to the instant payment order (Seoul Western District Court 2016Kadan10325, July 15, 2016).