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(영문) 서울동부지방법원 2015.01.21 2013가단49177
손해배상(기) 등
Text

1. The Defendant’s KRW 49,637,505 with respect to the Plaintiff and KRW 5% per annum from September 5, 2013 to September 26, 2013.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C, D, and E (hereinafter “Nonindicted Company”) to file a claim for the delivery of real estate (the Government District Court Decision 201Gahap1801). On November 17, 2011, the Plaintiff: C, D, and the Nonparty Company: (a) delivered the Plaintiff a building of 1,539 square meters and above ground and a building of 1,942 square meters and above ground (hereinafter “each of the instant real estate”); (b) the Nonparty Company was rendered a favorable judgment, including that the Plaintiff would pay money calculated at the rate of 13,00,000 won per month from January 18, 201 to the completion date of delivery of each of the instant real estate; and (c) the said judgment became final and conclusive on December 8, 2011.

B. On January 20, 2012, the Plaintiff received each of the instant real estate, and on February 6, 2012, based on the executory exemplification of the said final judgment, the Plaintiff received a seizure and collection order as to the claim for the payment of compensation, such as business compensation and housing relocation expenses, which the non-party company holds against the Korea Land and Housing Corporation, as the head of Suwon District Court Sung-nam Branch Support 2012TTT1262, and issued a seizure and collection order as to the claim for the remainder of 86,393,687 won as the claimed amount, and received the seizure and collection order as the above court 2012TT7932 on June 26, 2012.

C. On April 5, 2012, the Defendant issued a notarized deed No. 283 (hereinafter “notarial deed of this case”) No. 2012, which was written on a promissory note (hereinafter “the Promissory note of this case”) issued by the Nonparty Company on March 9, 2010, with the amount claimed as KRW 150,000,000 on the No. 150,000, and received a seizure and collection order (U.S. District Court Branch Branch Branch 2012TT 4724) regarding the right to claim the above compensation against the Korea Land and Housing Corporation of the non-party company.

C. On June 12, 2013, the Korea Land and Housing Corporation deposited KRW 146,834,00 (146,834,00) with Sungwon District Court 2013 Geum-nam Branch 1780, and the Suwon District Court for distributing the said deposit.

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