손해배상(기)
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff, with regard to the claim claim amounting to KRW 64 million with respect to KRW 64 million, was subject to the Seoul Central District Court Decision 2006Kadan84070 on the provisional seizure of real estate under the Seoul Central District Court Decision 2006Kadan84070 on October 2, 2006. The provisional seizure registration was completed on October 2, 2006.
B. The plaintiff A.
On March 9, 2010, the Seoul Northern District Court (2009Kadan66324) filed a lawsuit against C seeking the payment of a loan, and the above court rendered a judgment in favor of the Plaintiff that C would pay to the Plaintiff 64 million won and the agreed interest and delay damages, and the above judgment became final and conclusive as it is.
(hereinafter referred to as “instant final judgment”) C.
On the other hand, on February 17, 2011, C completed the registration of transfer of ownership in the name of the Defendant with respect to D forest under the name of the Defendant’s mother Fur (Death on August 22, 2015, hereinafter “the deceased”) and E forest under the name of the Defendant.
Since then, the Plaintiff filed an application for a compulsory auction on the instant real estate with G with the Chuncheon District Court G with the final judgment as an executive title, and rendered a judgment of compulsory commencement of auction on April 26, 2013 (hereinafter “instant auction procedure”), and accordingly, A.
Provisional seizure of real estate stated in the subsection was transferred to the seizure of the original state.
E. 1) On November 29, 2013, the Deceased filed a lawsuit of demurrer against the Plaintiff by subrogationing the Seoul Northern District Court 2013Kadan110952, and filed a petition for the suspension of compulsory execution based on the final judgment of this case with the same court 2013Kaga1759. On the other hand, the said court rendered a petition for the suspension of compulsory execution based on the final judgment of this case. On November 29, 2013, the said court rendered a decision to suspend compulsory execution based on the final judgment of this case until the said claim is pronounced (hereinafter “decision to suspend compulsory execution of this case”).
. 2) The above.