logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.02 2018가단5093355
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is as shown in the annexed sheet of claim.

2. Judgment on the plaintiff's assertion

A. On October 29, 2012, the Defendant and C filed an application for provisional attachment of real estate with the real estate for the purpose of the Gangnam-gu Seoul Metropolitan Government D apartment E (hereinafter “D apartment”) and the Gangnam-gu Seoul Metropolitan Government F apartment G G (hereinafter “F apartment”), which is owned by the Plaintiff, as of October 29, 2012, the Defendant and C applied for provisional attachment of real estate with the total amount of KRW 637,465,006 (Defendant: 34,15,103, KRW 294,309,903) (the provisional attachment of real estate was issued on November 23, 2012). On the same day, each of the above provisional attachment was completed due to the provisional attachment.

On August 13, 2014, the Defendant and C filed a claim for damages against the Plaintiff under the Busan District Court 2014Gahap48074, which was the main lawsuit of the above provisional seizure, but the claim was dismissed on July 23, 2015.

Both the Defendant and C filed an appeal with Busan High Court No. 2015Na54240, but the Defendant withdrawn the appeal and rendered a final judgment in favor of C.

However, the Plaintiff’s appeal was reversed and remanded by the Busan High Court Decision 2015Na54240, which was “Supreme Court Decision 2017Da242867 Decided October 26, 2017,” and the Plaintiff’s appeal was dismissed on October 4, 2018, and the second appeal by C was dismissed as “Supreme Court Decision 2018Da284875 Decided February 18, 2019,” and the second appeal by C was dismissed.

On the other hand, on August 23, 2017, the Defendant cancelled the above claim amounting to KRW 343,15,103, and on October 12, 2017, the entry registration for reduction of the claim amount to KRW 294,309,903 was completed, and on January 30, 2018, the provisional attachment registration for each apartment was cancelled.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of the whole pleadings]

B. The preservative measure such as the provisional attachment or provisional disposition regarding D apartment E-1 is executed by the court's decision.

arrow