(영문) 서울남부지방법원 2020.01.10 2018가합109661

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(영문) 서울남부지방법원 2020.01.10 2018가합109661

추심금

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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. The Plaintiff is a creditor against Nonparty D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Plaintiff is a creditor who received a payment order (hereinafter “Sawon District Court Branch Branch 2015 tea2288), and the Defendants purchased 54 bonds of H condominiums located in Yangju-si (hereinafter “instant real estate”) in the auction of real estate rent in which Nonparty Co., Ltd. reported a lien.

B. On February 2, 2018, the Plaintiff: (a) obtained a seizure and collection order (hereinafter “the instant collection order”) regarding the amount of money until KRW 118,607,022 out of the amount claimed in accordance with the agreement with the Defendants and subsequently received from the Defendants, with the title of execution against the non-party company as the title of execution; and (b) issued a seizure and collection order (hereinafter “the instant collection order”); (c) on February 7, 2018 and March 12, 2018, the aforementioned seizure and collection order was served on the Defendants, a garnishee, a debtor, the debtor, as of March 3, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment are asserted by the non-party company's possession of the real estate of this case as a lien, and the defendants agreed to pay the above real estate to the non-party company by receiving the above real estate from the non-party company. Based on the collection order of this case, the plaintiff claimed payment of KRW 118,607,022 among the above money against the defendants.

However, the evidence presented by the Plaintiff alone is insufficient to recognize the existence of the above-mentioned claim against the Defendants of the non-party company asserted by the Plaintiff, and there is no other evidence to prove otherwise, and the Plaintiff’s above assertion is not acceptable.

3. If so, the plaintiff's claim against the defendants is without merit.

유사 판례

-서울남부지방법원 2020.01.10 2018가합109661

-광주지방법원 2017.10.31 2016가단528767

-대전지방법원 2015.06.24 2014가단41459

-서울남부지방법원 2015.07.10 2014가단243474

-서울고등법원 2016.11.18 2015나22184