beta
(영문) 울산지방법원 2020.06.26 2019가단117599

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from November 30, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. As to each of the 15th main apartment complexes with reinforced concrete structure built in Busan Dongdong-gu C and D (hereinafter “instant building”), registration of preservation of ownership was completed in the name of Jungsan District Court 2006Kahap1282 dated January 16, 2007 due to a request for provisional attachment based on provisional attachment order of real estate No. 2006Kahap1282 on January 22, 2007 (hereinafter “E”).

B. F filed an application for provisional seizure against real estate with respect to the claim amounting to KRW 473 million (the claimed amount by the selected person shall be KRW 125 million, KRW 127 million, KRW 127 million, KRW 148 million, KRW 148, J. K, KRW 35 million, KRW 200,000, KRW L28,000, KRW 15,000,000, KRW 15,000,000, KRW 15,000,000, KRW 15,000, M18,000,000 won, and KRW 16,000,000, KRW 16, 2007, the above court applied for provisional seizure against real estate on April 16, 2007.

(hereinafter “The provisional seizure of this case”). The provisional seizure registration of this case was completed in accordance with the decision of provisional seizure of this case.

C. On July 14, 2005, the Defendant filed an application with the Defendant for conciliation against E to the effect that “E shall perform the procedure for the registration of ownership transfer on the ground of payment in kind with respect to four real estate including the instant real estate” (Seoul Western District Court 2016 money37519). In the conciliation case, conciliation was concluded as of August 24, 2016 as the purport of the Defendant’s application.

The defendant, as between F's spouse on September 1, 2016, and the obligees of the provisional seizure case of this case with respect to the real estate of this case, shall not exercise any right such as compulsory execution against the above real estate owned by the defendant.

However, the defendant shall pay 50 million won to the creditors on the condition that the creditors do not perform compulsory execution, etc., but the above provisional seizure shall be cancelled, and the above real estate shall be disposed of in the name of the defendant after the transfer of ownership is completed.