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(영문) 서울중앙지방법원 2017.04.28 2016가합559150

청구이의

Text

1. Compulsory execution based on the Seoul High Court Decision 2014Na51390 Decided January 22, 2016 by the Defendant against the Plaintiff is 33,794.

Reasons

1. Basic facts

A. The party-related plaintiff owned D Apartment No. 102, Dong-dong 102, which was in the Gwanak-gu in Seoul Special Metropolitan City, but became to own E apartment No. 402 on the same ground on which the above apartment was removed and reconstructed, and the defendant is a company established for real estate development, real estate execution and rental business, and is the executor of the above apartment reconstruction project.

B. The establishment of enforcement title against the Plaintiff and the Plaintiff and the Plaintiff and the F, who were the owners of the above DB No. 103, filed a lawsuit claiming compensation for damages due to nonperformance of the obligation to perform the ownership transfer registration procedure in the name of the Defendant with respect to the reconstruction project, and the Seoul Central District Court sentenced the Seoul Central District Court to each of the judgment dismissing the claim for the remainder of damages as to the portion of the claim for share payment, “The Plaintiff B Co., Ltd., and the Defendant A 2,000,000,000 per annum from November 28, 2013 to the day of complete payment, and the amount equivalent to 20% per annum from November 29, 2013 to the day of full payment, and the amount equivalent to 65,000,000 won per annum from November 29, 2013 to the day of full payment.”

In the case of Seoul High Court 2014Na51390, which is the appellate court, the two parties appealed all of the above judgment. The defendant appealed 35,794,93 won, respectively, and 33,794,933 won (referring to the amount of damages) from October 16, 2015 to January 22, 2016; 5% per annum from the next day to the day of full payment; 20% per annum from the next day to the day of full payment; 20% per annum from the next day to the day of full payment; 20% per annum from November 28, 2013 to the day of full payment; 20% per annum from the next day to the day of full payment; 33,794,93 won per annum from Defendant F corporation to the day of full payment; 200,000 won to the day of full payment; 30% per annum from December 1, 2013 to 20.