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(영문) 광주지방법원 2016.06.21 2016가단1453
청구이의
Text

1. Compulsory execution by the Defendant against the Plaintiff is KRW 40,00,000,000,000,000,000,000,000.

Reasons

1. Facts of recognition;

A. Although the Defendant leased KRW 33,00,000 to the Plaintiff, among the 4 floors indicated in the attached Form No. 3,4,5,8, and 3 of the attached Form No. 4 to the Plaintiff, the Defendant did not properly pay that the Plaintiff was monthly renting KRW 300,000,000, the Defendant filed a lawsuit with the Gwangju District Court for a claim against the Plaintiff, such as the name of the building (Seoul District Court 2015Da18065). On September 10, 2015, the said court rendered a favorable judgment with the purport that “the Plaintiff shall deliver the instant real estate to the Defendant, and shall pay KRW 240,00,000,000,000 to the Defendant, and from April 22, 2015 to the date the delivery of the instant real estate is completed.”

(A) Evidence No. 2, hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.

B. The Defendant completed the delivery execution of the instant real estate on November 25, 2015 based on the instant judgment.

(No. 1). (c)

The amount to be paid by the Plaintiff to the Defendant according to the instant judgment is KRW 4,54,00 (=300,000 won x 4/30 days x 4,000 won x 30,000 won per month) calculated by the ratio of KRW 3,10,000 per month between April 22, 2015 and November 21, 2015, from November 22, 2015 to November 25, 2015, which is the date the delivery is completed).

In the real estate auction procedure (Seoul District Court C) based on the judgment of this case, the defendant prepaid KRW 700,000 as auction expenses, and the total of KRW 52,200 out of the above KRW 700,000 was withdrawn and used until the procedure is suspended.

(A) No. 4-1.e.

On January 14, 2016, the Plaintiff deposited KRW 5,052,200 (= KRW 4,500,000) for the Defendant (= KRW 552,200).

(Evidence No. 1) 【Evidence No. 1, 2, 4-1, and 1 of the Grounds for Recognition】

2. Of the judgment of this case as to the cause of the claim, the execution of the part ordering the delivery of real estate was completed, and the part excluding the part concerning the delivery of real estate among the judgment of this case is excluded.

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