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(영문) 창원지방법원 2017.11.16 2017가단104784

추심금

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 October 27, 2016, the Plaintiff filed an application with C for a payment order claiming payment of the agreed amount, and the court rendered a payment order with respect to the obligor’s KRW 150,000,000 and the obligor’s delay damages at the rate of 15% per annum from the day after the original copy of the instant payment order was served to the day of complete payment.

The decision of the above payment order was served to C around that time.

(C) The Head of Changwon District Court Masan District Court 2016j. 689, hereinafter referred to as "the instant payment order"). (2)

The Plaintiff received a seizure and collection order as to “the amount of the claim (150,000,000 won) out of the claim for the purchase price to be paid by the said third party according to the real estate sale and purchase contract for the obligor C to sell the said building (hereinafter “each of the instant real estate”) to a third party B (Defendant) in Changwon District Court Branch Branch Branch 2016 Tasan-do 52061 on the basis of the instant payment order with executory force.” The Plaintiff was served on the Defendant on December 6, 2016 on the part of the above claim amount (150,000,000 won).

hereinafter referred to as "the collection order of this case"

C. On the other hand, on October 20, 2016, C completed the registration of the right to claim ownership transfer on the ground of the promise to sell each of the instant real estate owned by it to the Defendant on the same date.

hereinafter referred to as the "provisional registration of this case"

(ii) [The facts without dispute over the basis of recognition, entry of Gap evidence 1-1, 2, Eul evidence 2 and 3, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff alleged by the parties asserts that C is obligated to pay the money claimed to the plaintiff according to the collection order of this case, since C sells each of the instant real estate to the defendant and has a sales claim.

The defendant does not purchase the real estate of this case from C, but is a stock company.