양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B and nine others filed an application for provisional seizure of real estate with Busan District Court Branch 2010Kadan9500, Busan District Court, Busan District Court, which owned KRW 299,475,515 square meters of forest land C, 39,435 square meters of forest land in Busan District Court, as the claim amounting to KRW 29,475,515, with respect to the claim against the national flag of the Republic of Korea Co., Ltd. (hereinafter “B”), and the said court rendered the provisional seizure of real estate on March 23, 2010. The provisional seizure registration was completed on March 24, 2010.
B. The Defendant paid an amount equivalent to the above claim amount on behalf of the national flag. For this reason, the national flag was revoked on May 4, 201 (the court 201Kao288), and the registration of provisional attachment was revoked on May 6, 2011.
C. However, on September 13, 2010, B and nine others filed a lawsuit against the Korean War (hereinafter “instant lawsuit”). The Korean War was conducting the lawsuit as a party to the instant lawsuit. On January 11, 2012, the Defendant and the Defendant (i) delegated all the powers for the instant lawsuit to the Defendant on January 11, 2012, before the date of sentencing the instant lawsuit, and (ii) if the Korean War prevails in the instant lawsuit, the Defendant would pay KRW 50 million before the Korean War, and (iii) if the judgment of winning the lawsuit becomes final and conclusive, the Defendant recovered the said amount of deposit paid on behalf of the Korean War, and entered into an agreement with the Korean War to pay KRW 50 million out of the recovered amount of deposit.”
(hereinafter referred to as “the First Arrangement”) d.
The national flag was sentenced to a judgment against the instant lawsuit on January 12, 2012, but the judgment was rendered in favor of April 17, 2013 at an open appellate court [Supplementary High Court 2012Na1177, 1184 (Joint)] to which an objection was raised.
After that, B and one other were dissatisfied with the judgment of the above appellate court and appealed.
[Supreme Court Decision 2013Da34907, 34914 (Joint)] E.
The national flag shall be April 18, 2013.