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(영문) 서울중앙지방법원 2016.12.21 2015가단5356529

추심금

Text

1. The Defendant shall pay KRW 57,872,310 to the Plaintiff the annual rate of KRW 15% from October 9, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On June 12, 2014, the Plaintiff filed a lawsuit for the refund of investment amount with the Seoul Southern District Court 2013Kahap14034 against the Sejong Southern District Court (hereinafter only “Sari District Court”), and was sentenced on June 12, 2014 that “Sarian shall pay to the Plaintiff the amount of KRW 220,00,000 and the amount of KRW 6% per annum from September 1, 2012 to August 28, 2013, and the amount of KRW 20% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive around that time.

B. On July 14, 2014, the Plaintiff received each attachment and collection order (hereinafter “instant attachment and collection order”) from the Jungyang Branch District Court 2015TTTTB 2015T 10153 on August 26, 2015, with respect to KRW 20,000,000, among the claim for the purchase price of the land against the Defendant, which was made by the Sejong Fag Fagdo for the claim against the Defendant (hereinafter “instant claim”). The attachment and collection order of the instant case was served on each Defendant on July 15, 2014 and August 28, 2015.

C. Meanwhile, on May 18, 2007, the Sejong District Residents Development Committee entered into a contract on a residential environment improvement project with the C District Residents Development Committee, and the residents were to pay in lieu of the price of the State and public land that the residents would suffer from the said project for the implementation of the project.

Around May 15, 2008, the Defendant, as a resident of the district, entered into a contract with the State to purchase part of the ownership of 13 lots of land, such as Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 7.9 square meters (hereinafter “each of the instant parcels of land”). At that time, the Defendant paid KRW 57,872,310 in total of the purchase price for each of the instant parcels of land at around that time, and the Defendant received the registration of ownership transfer for each of the instant parcels of land around September 12, 2008.

E. On February 27, 2009, the C District Residents Development Committee notified that the said implementation agency service contract will be terminated on March 13, 2009.

[Ground of recognition] There is no dispute.