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(영문) 춘천지방법원 2016.10.25 2016가단342

청구이의

Text

1. The Defendant’s decision on November 19, 2015 to determine the amount of litigation costs against the Plaintiff is based on the Defendant’s decision to determine the amount of litigation costs.

Reasons

1. Facts of recognition;

A. On November 19, 2015, the Defendant applied for the determination of the amount of litigation costs against the Plaintiff and the Defendant to determine the amount of litigation costs in Chuncheon District Court 2013Gahap29555, and the said court rendered a decision on November 19, 2015 that “the amount of litigation costs to be repaid by the Plaintiff to the Defendant is KRW 16,904,230” (hereinafter “instant decision”). The instant decision became final and conclusive around that time.

B. B’s bonds against the Defendant (1) sold eight parcels, such as Gangseo-gun C Miscellaneous land, to the Nowon-gu Housing Construction Co., Ltd. around 1995, and was not paid part of the purchase price. On July 20, 1998, the Defendant, while resumption of the construction of a new apartment house on the above land, acquired KRW 250 million out of the purchase price debt against the Nowon-gu Housing Construction Co., Ltd.

(2) Accordingly, B received a payment order against the Plaintiff stating that “the Defendant shall pay B the amount of KRW 350 million and the amount calculated at the rate of KRW 50 million per annum from August 6, 2000 to the service date of the payment order, and 20% per annum from the next day to the day of full payment” (hereinafter “instant payment order”). The above payment order was served on the Defendant on August 25, 2004 and became final and conclusive around that time.

(3) On November 19, 2012, the Defendant drafted a written confirmation (hereinafter “instant agreement”) that the Defendant would transfer the bonds of heading 103, 102, 202, and 303 (hereinafter “instant house”) among the apartment houses newly constructed on the said land on the said land on condition of the extinguishment of the obligation (hereinafter “instant agreement”).

However, around that time, Daecheon Rehabilitation Welfare Corporation filed a lawsuit against the defendant for the change of the name of the business operator of the joint housing construction project by asserting that the ownership of the newly constructed apartment house is owned by the Chuncheon District Court 2012Gahap372.