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(영문) 수원지방법원성남지원 2017.08.25 2016가단214574

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2008, the Plaintiff acquired shares of 30.2/1,572 and 19.3/1,004 shares among 30.2/1,572 square meters in Hanam-si, Hanam-si, and the Plaintiff’s husband E acquired shares of 19.3/1004 square meters in 19.3/1004 square meters in Hanam-si, Hanam-si, Hanam-si, Hanam-si, Ha-si, Ha-si, Ha

B. On June 15, 2010, the Plaintiff completed the registration of preservation of ownership on the portion of H apartment Nos. 101 and 703 of H apartment units No. 703 (hereinafter “instant apartment”) located outside C, Hanam-si, Hanam-si. The Plaintiff completed the registration of preservation of ownership.

C. The Defendant filed a lawsuit against the Plaintiff for reimbursement of the Plaintiff’s contribution under the Suwon District Court Sung-nam Branch 2009Gahap11927, and the court of the first instance sentenced the Plaintiff to the payment of KRW 158,30,000 as additional contributions on August 24, 2010 and damages for delay from May 21, 2010.

The Plaintiff appealed. D.

On the other hand, I, J, and K (hereinafter “I, etc.”) received a claim attachment and assignment order (hereinafter “instant assignment order”) from Suwon District Court Sungnam Branch Branching 2010TTT16856 regarding KRW 77,00,000 out of the above contributions based on the promissory deed against the Defendant, and was served on the Plaintiff on January 31, 201.

I et al. filed an application for provisional attachment with respect to the apartment of this case and the provisional attachment registration was completed on July 1, 2010.

On the other hand, the defendant filed an application for provisional attachment on the apartment of this case with the claim for contributions as the claim for the provisional attachment, and the provisional attachment registration was completed on July 1, 2010.

E. In the appellate court of the above contribution lawsuit (Seoul High Court 2010Na92430), the Defendant reduced the remainder of KRW 81,300,000 after deducting KRW 77,000,000 that was entirely paid according to the instant assignment order, and the Plaintiff, as a result of compulsory adjustment, was finally determined on July 14, 201, that the Plaintiff paid to the Defendant KRW 81,30,000 as a contribution and delayed damages.

F. Meanwhile, I, etc., the creditor of the instant assignment order, is the entire amount against the Plaintiff as Seoul Eastern District Court No. 201Da32205.