beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was a corporation which entered into an agency contract for the sale of ASEAN building with D (hereinafter “D”), which is expected to be newly built and sold, and filed a lawsuit against D seeking payment of the sales agency fee under the Seoul Central District Court No. 2008Gahap1556, Mar. 17, 2009 against D (hereinafter “instant judgment”) by serving public notice that “D shall pay the Defendant Company the amount of KRW 488,298,08,081 in total and the unpaid sales agency fee and the unpaid sales agency fee from August 5, 2007 to December 6, 2008; and the damages for delay calculated at the rate of 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).
B. On April 24, 2012, D filed a subsequent appeal with Seoul High Court (Seoul High Court 2012Na35806) against the said judgment, but the instant judgment became final and conclusive as it was upon withdrawal of the subsequent appeal on January 8, 2013.
C. On April 13, 2012, the Defendant Company rendered a compulsory decision to commence the compulsory auction of real estate in relation to the above building entrusted by D to K non-real estate trust corporation as the executive title of the instant judgment on April 13, 2012.
In the above real estate compulsory auction case, the Defendant Company received 526,024,123 won, and the Defendant C received the amount equivalent to principal from the Defendant Company out of the judgment bond of this case, respectively, 488,298,031 won.
On the other hand, the Plaintiff applied for a payment order against D with Seoul Western District Court 2010 tea4659 to seek the return of the sale price and received the payment order from D on July 15, 2010, “D shall pay to the Plaintiff the amount calculated at the rate of 24% per annum from January 1, 2008 to the date of complete payment,” and the above payment order was finalized around that time.
【Ground of recognition” has no dispute, Gap 1 through 3, 15 through 21, 26, 33, Eul 5, and 7.