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(영문) 수원지방법원성남지원 2017.08.25 2016가단214567

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2008, the Plaintiff acquired shares of 19.3/1004 square meters among D 879 square meters and the Plaintiff’s wife E acquired shares of 30.2/1,572 square meters in 1,572 square meters in Hanam-si, Hanam-si and 102 square meters in Hanam-si, and 19.3/1,004 square meters in Hanam-si, Hanam-si.

B. On June 15, 2010, the Plaintiff completed the registration of initial ownership relating to the portion of H apartment Nos. 101, 703, 15.07/43.78, 15.07 (hereinafter “instant apartment”) out of 101, H apartment Nos. 101, 703, 703 (hereinafter “instant apartment”).

C. The Defendant brought a lawsuit against the Plaintiff on the claim for the share of cooperative members under Suwon District Court Sung-nam Branch 2009Gahap11927, and on August 24, 2010, the court of the first instance sentenced the Plaintiff to pay the additional share of KRW 56,930,000 as additional share of expenses, and damages for delay from May 21, 2010.

[I, J, and K (hereinafter referred to as "I, etc.") as follows:

() Based on the notarial deed of promissory notes against the Defendant, the Defendant is only the Defendant’s winning in the judgment on the remainder of KRW 56,930,000,000 except the above money). The Plaintiff appealed on the grounds that the judgment became final and conclusive upon the issuance of an order for seizure and assignment of the claim for KRW 26,170,000, out of KRW 83,100,000.

However, on the basis of the authentic deed of promissory notes against the Defendant, I et al. received an assignment order of claim attachment and assignment order (hereinafter “instant assignment order”) from the Suwon District Court Sung-nam Branch 2010TT16,6856 regarding KRW 60,00,000, out of the two-lanes of charges, and was served on the Plaintiff on December 9, 2010.

I et al. filed an application for provisional attachment with respect to the apartment of this case and the provisional attachment registration was completed on July 1, 2010.

On the other hand, the defendant filed an application for provisional attachment on the apartment of this case with regard to the remaining claims for the contributions of this case as claims for provisional attachment on July 1, 2010.

E. In the appellate court of the above contribution lawsuit (Seoul High Court 2010Na92430), the defendant's claim is nonexistent if the defendant deducts the total amount of KRW 60,000,000 in accordance with the assignment order of this case.