손해배상(기)
1. Of the instant lawsuit, the part regarding the claim for damages arising from possession until March 30, 2015 is dismissed.
2. The defendant.
1. Basic facts
(a) final and conclusive judgment 1) A.D. Construction Co., Ltd. (hereinafter referred to as “B.”);
(A) the real estate stated in the separate sheet (hereinafter referred to as “instant building”)
(2) On April 9, 2010, the above judgment became final and conclusive on the following grounds: (a) filed a lawsuit against the owner of the building of this case with the Gwangju District Court 2003Gahap2308; and (b) filed a lawsuit against the owner of the building of this case with the Seoul District Court 2003Gahap2308; and (c) on September 24, 2003, the owner jointly and severally rendered a judgment that “the owner shall pay to AD 1,651,36 won and an amount equivalent to 20% per annum from September 24, 2003 to the date of full payment.” (c) AD 2 transferred the construction cost claim, possessory right, lien, etc. equivalent to 350,00 won out of the winning amount by the above judgment to the Defendant.
3) After receiving a successful bid for the instant building on August 30, 201, the Plaintiff filed a lawsuit against the Defendant, the lien holder of the instant building, and Nonparty A, as the Gwangju District Court’s 201Gahap4583, the Plaintiff filed a lawsuit against the construction of the instant building. On May 24, 2012, the said court rendered a judgment that “the Defendant,” on May 24, 2012, “The Defendant, at the same time, received from the Plaintiff KRW 1,301,363,636, and KRW 350,00,000 from the Plaintiff, to deliver the instant building to the Plaintiff” (hereinafter “prior judgment”).
(4) The Plaintiff appealed as the Gwangju High Court No. 2012Na3073, but the said court rendered a judgment dismissing the appeal on May 8, 2013, and the said judgment became final and conclusive as it is.
B. On October 18, 2013, the Plaintiff was drafted with a written agreement on the waiver of lien and construction cost claims from AD Construction. 2) On June 25, 2014, the Plaintiff deposited KRW 350,000,000 for the Defendant.
C. 1) The Plaintiff filed an application for compulsory execution against the name of the building of the instant building in accordance with the preceding judgment, and the Defendant filed a lawsuit claiming objection against the preceding judgment on July 24, 2014 (the Gwangju District Court’s YAcheon Branch).