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(영문) 수원지방법원성남지원 2020.02.12 2019가단11653

청구이의

Text

1. The defendant's judgment on Suwon District Court's Sung-nam Branch 2018Gaso628 damages claim against the plaintiff is based on the judgment of the defendant.

Reasons

1. Facts of recognition;

A. On July 18, 2018, the Defendant filed a lawsuit against the Plaintiff for damages (e.g., damages) with Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch (hereinafter “instant judgment”), and the said court rendered a judgment on July 18, 2018 that “the Plaintiff shall pay to the Defendant 1560,000 won and the amount calculated by the annual rate of 5% from May 15, 2018 to July 18, 2018, and the amount calculated by the annual rate of 15% from the next day to the date of full payment” (hereinafter “instant judgment”).

On July 2, 2019, the appellate court (U.S. District Court 2018Na75078) filed an appeal against this, and the appellate court (U.S. District Court 2018Na75078) rendered a judgment dismissing each appeal by the plaintiff and the defendant. The defendant filed an appeal (the appellate court: Supreme Court 2019Da264410), but on December 12, 2019, the judgment of this case became final and conclusive because the appeal was dismissed.

B. On August 20, 2018, the Defendant filed an application for a compulsory auction with respect to a building D. 68.8§³ and its ground (hereinafter collectively referred to as “instant real estate”) owned by the Plaintiff with the title of execution and the amount recognized by the said judgment as the claim amount, and filed an application for a compulsory auction with respect to the Plaintiff’s land (hereinafter referred to as “instant real estate”), which was completed on August 21, 2018. On the same day, the registration of the compulsory auction decision was completed in the registry of the said real estate on the same day.

(hereinafter referred to as the “instant compulsory auction”) shall be held at the auction upon application for the above compulsory auction.

However, on July 4, 2019, the Plaintiff deposited KRW 71,560 as depositee, and deposited KRW 71,560 as the execution cost of the procedure for compulsory auction of this case (No. 3473, 2019, Sungnam District Court 2019), and ② deposited KRW 1,798,914 as the principal and interest of the judgment of this case.

(G) Each entry and the purport of the whole pleadings, as stated in Gap, 2, 6 through 8, 11, Eul, 1 through 9 (including the number of branch numbers, if any), and each entry and the purport of the whole pleadings, as a whole, of 1, 2, 6 through 8, 11, 11, 2, 201.

2. The assertion and judgment

A. The above facts of recognition as to the cause of the claim and Gap 3,00.