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(영문) 대구지방법원 서부지원 2018.11.21 2018가단217
비용상환금
Text

1. The Defendant shall pay to the Plaintiff 36,762,636 won and 15% interest per annum from January 19, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On September 26, 2014, the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of goods with the Seogu District Court Branch 2013Gahap2529, and was sentenced by the said court to pay the Plaintiff KRW 167,692,90 and damages for delay thereof. The Defendant appealed with the Daegu High Court 2014Na4430 on May 12, 2015, but the said judgment became final and conclusive on June 2, 2015.

B. Then, the Plaintiff filed a lawsuit against C, who is the Defendant’s wife, for the reason that the Defendant title trust of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with C, as the Seoul Northern District Court 2015Gahap20531, the Seoul Northern District Court, and on August 31, 2016, C was sentenced by the above court to the Defendant on August 31, 2016 that the Defendant shall implement the procedure for ownership transfer registration for each of the instant real estate as the grounds for termination of title trust. Both the Plaintiff and C appealed appealed from Seoul High Court 2016Na2070681. On May 25, 2017, the appellate court rendered an appeal to the Defendant on May 25, 2017, stating that “The first instance court changed the ownership transfer registration procedure for the cancellation of title trust as to the instant real estate was implemented on the grounds of the cancellation of title trust.” The appeal was dismissed by the final judgment of the appellate court under C2017Da27757, supra.

(c)not less than paragraph (b);

Despite the final and conclusive judgment, the Defendant did not take the procedure for the registration of ownership transfer of the instant real estate in subrogation of the Defendant, and the Plaintiff inevitably took the procedure for the registration of ownership transfer under the name of the Defendant with respect to the instant real estate in subrogation of the Defendant, and the expenses required therefor are 34,512,290 won of acquisition tax of KRW 36,762,636, and the real estate registration fee of KRW 52,00 of the real estate registration fee of KRW 52,00 of the purchase of housing bonds of KRW 990,686,80 of the transport expenses of KRW

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