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(영문) 광주지방법원 2017.02.14 2016가단12187
배당이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2011, the Plaintiff concluded a lease agreement with the Plaintiff and filed a lawsuit for the registration of a building name, etc., and the Plaintiff (i) around April 8, 201, the Nam-gu E apartment 711 Dong 1502 (hereinafter “instant apartment”).

(2) Around April 15, 2011, the lease deposit amount of KRW 10,00,00 and the lease period of KRW 10,000 were determined and leased from April 14, 201 to April 14, 2013. (2) The Plaintiff filed a lawsuit against D as the Gwangju District Court 2014Gadan13957, and the said court rendered a final appeal against D on October 14, 2014, “D delivers the instant apartment,” and the said apartment was delivered to the Plaintiff and paid the amount of KRW 2,00,000 per month from June 15, 2013 to the completion date of delivery of the instant apartment from June 15, 2013 to April 14, 2013. However, D’s appeal was dismissed on April 29, 2015 to the said appellate court, which became final and conclusive by the said appellate court 2013Da235315, supra.

B. D’s deposit for the suspension of compulsory execution was filed by the Plaintiff, and the Plaintiff filed an application for the suspension of compulsory execution with the Gwangju District Court 2014Kaga1590. On November 17, 2014, D deposited KRW 45,000,000 as the security deposit amount set forth in the above case of the suspension of compulsory execution as D and the deposited party as the Plaintiff (hereinafter “instant deposit”).

C. D and D drafted notarial deeds with executory power of the Defendant: (a) on November 17, 2014, a notary public prepared and delivered to the Defendant a promissory note No. 667, which was signed by the issuer D, the payee, the Defendant, the face value of which was KRW 100,000,000, and the due date as of May 31, 2015 (hereinafter “instant authentic deed”).

On June 5, 2015, the defendant issued a collection order based on the Notarial Deed issued by Gwangju District Court 2015TTT9074.

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