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(영문) 서울중앙지방법원 2019.04.10 2018가합562167

구상금

Text

1. The Defendant’s KRW 650,000,000 as well as annual 5% from December 29, 2010 to September 10, 2018 for the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2010, the Plaintiff filed a lawsuit against C against the Seoul Central District Court 2010Kahap10280, which rendered a judgment that “C shall pay to the Plaintiff 1,961,457,669 won and the amount equivalent to 25% per annum from November 4, 1998 to the date of full payment,” and the above judgment became final and conclusive as it is.

B. C’s water guarantee 1) On June 27, 1984, the registration of ownership transfer was completed on the ground of sale and purchase on June 16, 1984 with respect to land D’s 64,562 square meters in the wife population as of Jun. 27, 1984, and on May 24, 1983, with respect to land E’s 138,84 square meters in the wife population E and F’s 9,917 square meters in the land for sale and purchase on May 16, 1983, G and C completed the registration of ownership transfer with respect to each of the above real property on May 16, 198, with respect to the 1/2 square meters in each of the above real property on June 16, 1998.

C. C’s loss of ownership of each of the above immovables due to the compulsory auction and distribution 1) The Suwon District Court I established a compulsory auction procedure for each of the above immovables C’s shares among the above immovables, and on November 25, 2010, C lost its ownership of each of the above immovables due to the sale by the said compulsory auction on November 25, 2010. (2) On December 28, 2010, the date of distribution of the above compulsory auction procedure, H Co., Ltd., a mortgagee, was distributed KRW 650 million in the first priority order based on the instant collateral security.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above basic facts, the plaintiff has a claim of KRW 1,961,457,669 against C according to the final and conclusive judgment and a claim of the amount equivalent to the delayed payment, and the above claim is the creditor's subrogation right.