청구이의
1. The plaintiff's claim is dismissed.
2. On November 5, 2018, this Court rendered a request for the suspension of compulsory execution against 2018 Chicago10.
1. Facts of recognition;
A. Nonparty D had a credit card payment claim against the Plaintiff, and transferred the said claim to Nonparty E (hereinafter “Nonindicted Bank”).
B. On February 23, 2009, the non-party bank received a payment order from the Seoul Central District Court that "the defendant (referring to the plaintiff in this case) shall pay 5,236,101 won to the plaintiff (referring to the non-party bank) and 1,930,591 won among them at the rate of 25% per annum from February 19, 2009 to the date of complete payment." The above payment order (hereinafter "the payment order in this case") was finalized on March 18, 2009.
C. According to the instant payment order, the F Limited Liability Company, the successor to the Nonparty Bank (hereinafter “Nonindicted Company”) filed an application for compulsory auction on September 19, 2014 with the Jeonju District Court H on the Plaintiff’s three-nine share of the Plaintiff’s three-nine share of the instant land and the cement block block block 169 square meters and the cement block string roof, one of which is one of the above ground (hereinafter “instant land and buildings”), and completed the registration of commencement of compulsory auction on March 25, 2015. In the said auction procedure, Nonparty I received three-nine share of the instant land and buildings on March 25, 2015, and completed the registration of ownership transfer on April 24, 2015.
Accordingly, Nonparty I shared the instant land and buildings at the ratio of 3/9, J, K, and L 2/9 shares.
On May 8, 2015, the Plaintiff filed a lawsuit of demurrer with the Seoul Central District Court by asserting that all loans to the non-party bank were repaid, and on November 10, 2015, the conciliation was concluded that “the non-party company does not perform compulsory execution based on the original copy of the instant payment order against the Plaintiff, and the compulsory execution already executed shall be rescinded” (hereinafter referred to as “instant conciliation”).
E. Nonparty I filed a voluntary auction for partition of co-owned property with the Jeonju District Court M on the instant land and building.