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(영문) 인천지방법원 2017.03.23 2016가단246205

청구이의

Text

1. The defendant's decision is based on the decision in lieu of conciliation in the Incheon District Court 2001Kadan4191 case against the plaintiff.

Reasons

1. Basic facts

A. From July 4, 1994, the Plaintiff owned a building of 158 square meters in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant land”) and a building of 64.54 square meters in a brick and sapment, and a house of 64.54 square meters in an underground room, 12.93 square meters in an aggregate room, and 5.49 square meters in a building attached to the assessment of mentora block, and on October 25, 1997, removed the building from the instant land, and newly constructed a new building on the instant land, the Plaintiff completed the registration of ownership on the instant building of 1st, 90.84 square meters in a 3-story reinforced concrete 2nd, 93.79 square meters in a 2nd, 3rd, 68.64 square meters in a 3rd floor, and 90.84 square meters in a 2nd, 3rd, and 90.84 square meters in a height (hereinafter “the instant building”).

B. On November 29, 200, the Defendant received a successful bid in the voluntary auction procedure and completed the registration of ownership transfer on December 12, 2000.

C. On July 16, 2001, the Defendant filed a lawsuit against the Plaintiff as the Incheon District Court 2001Kadan44191, and the above court on March 14, 2002, rendered a decision in lieu of conciliation (hereinafter “instant decision”) stating that “the Plaintiff shall pay the amount calculated at the rate of KRW 450,00 per month from November 29, 200 to the day the delivery of the instant land is completed. The Plaintiff shall waive the remaining claims.” The above decision was finalized on April 4, 2002.

As the building of this case was incorporated into a residential environment improvement project district implemented by the Incheon Urban Corporation, the plaintiff has received compensation for expropriation.

On September 29, 2016, the Defendant filed an application against the Plaintiff for attachment and assignment order (hereinafter “instant attachment and assignment order”) of the amount claimed as KRW 85,550,000 (the amount calculated at the rate of KRW 450,000 for 190 from November 29, 200 to September 28, 2016) with the Daejeon District Court Branch of Daejeon District Court Branch of 2016TTY 6163, which was based on the instant decision, for attachment and assignment order against the Plaintiff regarding the money up to the claim amount, among the compensation for expropriation ruling that the Plaintiff had against the Incheon Urban Corporation, and received on October 4, 2016.

E. The plaintiff is based on the original copy of the decision of this case.