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(영문) 수원지방법원안산지원광명시법원 2020.02.20 2019가단10122
청구이의
Text

1. The defendant is based on the executory exemplification of the judgment in Suwon District Court 2017Na9197 against the plaintiff.

Reasons

1. Facts of recognition;

A. On April 9, 2015, E filed a lawsuit against the Plaintiff, etc. for the claim for restitution of unjust enrichment. On June 6, 2013, the judgment became final and conclusive that “the Plaintiff shall pay to E 3,450,079 won and 2,659,49 won among them, the remainder of 790,580 won shall be 5% per annum from December 13, 2013 to May 28, 2014; the amount calculated at the rate of 20% per annum from the next day to the day of complete payment; and the amount calculated at the rate of 52,728 won per month from June 6, 2013 to the date of complete delivery for 10.9/33 shares in Seodaemun-gu Seoul, Seoul; and the amount calculated at the rate of 52,728 won per month from June 6, 2013 to the date of complete delivery for 27 square meters.”

(Seoul Western District Court 2012Kadan9259, 2014Na3775, Supreme Court 2014Da9089, hereinafter referred to as "Prior Judgment"). (b)

E filed a claim against the Plaintiff for determination of the amount of litigation costs based on the preceding judgment, and the amount of litigation costs repaid to E was determined as KRW 939,098.

(Seoul Western District Court 2105Kao270, 2015Ra219). C.

E transferred the F F’s share of land on January 6, 2016.

D As to the claim amounting to KRW 20,000,000,000 as the claim amounting to KRW 5,000,000,000 based on the decision in lieu of the final and conclusive conciliation for E, D applied for the attachment and collection order of the claim to transfer the provisional attachment to the original attachment as the Seoul Western District Court 2015TTT806, and the above court accepted D’s application on July 1, 2015, issued the attachment and collection order (hereinafter “the attachment and collection order of the claim”), and around that time, the above attachment and collection order were served on the Plaintiff, the third obligor.

E. In order to collect national taxes, such as transfer income tax in arrears, the head of Seodaemun-gu Tax Office seized a claim (collection claim) based on the prior attachment and collection order against D’s Plaintiff on September 7, 2016, pursuant to Article 41 of the National Tax Collection Act. On September 8, 2016, the head of Seodaemun-gu Tax Office issued a notice of attachment of the said claim to the Plaintiff, a re-third obligor, as the said obligor.

F. Meanwhile, D is against the Plaintiff at the Seoul Western District Court on July 4, 2016.

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