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(영문) 청주지방법원제천지원 2016.11.16 2016가단598
청구이의
Text

1. The defendant's Cheongju District Court Decision 2008Gadan2131 decided Oct. 29, 2008 against the plaintiff was based on the judgment of the Cheongju District Court case.

Reasons

1. Basic facts

A. On March 30, 2007, C registered the establishment of chonsegwon up to 25,000,000 won for the second floor of 99.00 square meters (hereinafter “second floor of the instant building”) among the buildings listed in the attached Table (hereinafter “instant building”) in the attached Table to the Plaintiff on December 30, 2007, and completed the registration of the establishment of chonsegwon up to December 30, 2008.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

On February 15, 2008, the Defendant: (a) filed a provisional attachment registration with respect to KRW 40,728,249 with respect to the claim amount, which was KRW 40,728,249, Cheongju District Court Decision 2008Kadan119, which was owned by the Plaintiff, for the purpose of preserving the claim amount, including loans, against the Plaintiff (hereinafter “instant land”).

(hereinafter referred to as "provisional attachment No. 1 of this case").

On March 11, 2008, the Defendant filed a provisional attachment registration with the Cheongju District Court Decision 2008Kadan174, with the amount of claims KRW 40,728,249 in order to preserve the claims against the Plaintiff, including loans, etc.

(hereinafter “instant provisional seizure”) D.

On October 29, 2008, the Defendant had a claim equivalent to 20% per annum from September 20, 2008 to the date of full payment with respect to KRW 31,141,400 based on the final and conclusive judgment of the case, including loans, etc. (hereinafter “instant executive titles”) (hereinafter “instant bonds”) and the loans of KRW 30,00,000 per annum from November 1, 2006 to the date of full payment, with respect to KRW 24% per annum from September 20, 2008 to the date of full payment (hereinafter “instant bonds”).

E. The Defendant received KRW 30,000,000 from C on October 14, 2010, and revoked the registration of provisional seizure of this case to the Plaintiff on October 15, 201, and the registration of provisional seizure of this case to the Plaintiff on October 18, 201, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 of this case’s loan to the executive title of this case is 30,000.

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