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(영문) 부산지방법원 2019.06.19 2018가합49587
청구이의
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C filed a lawsuit against the Plaintiffs and E, including the return of custody amount of KRW 1,180,00,000,000 with Busan District Court 2016Gahap562, the Busan District Court 201562. On November 8, 2017, Defendant C was jointly and severally sentenced to the Plaintiff (Defendant C) to pay the amount of KRW 1,180,000 and the amount of KRW 15% per annum from December 22, 2016; Defendant E from December 23, 2016 to December 23, 2016; and Defendant B from December 24, 2016 to November 8, 2017, each of which is calculated at the rate of 5% per annum from the next day to full payment.

B. Accordingly, the Plaintiffs and E appealed to the Busan High Court F, and on July 16, 2018, at the appellate court, mediation was conducted between G, Defendant C, and D (hereinafter “instant mediation”).

The main contents of the instant conciliation are as follows.

(A) The term “Defendants” in the conciliation process refers to “Plaintiffs” in this case, and “Plaintiffs” refers to “Defendant C” respectively). The Defendant jointly and severally pays KRW 50,000,000 to the Plaintiff in the name of the Plaintiff (i.e., Busan Bank and H), and the method of payment is as follows.

The defendants shall pay 220,000,000 won at the same time as the mediation.

immediately after receipt of the said money, the Plaintiff

1. An application for withdrawal and cancellation of execution shall be filed against a compulsory auction and a seizure order of ownership transfer claim entered in the list;

B. The Defendants are above A.

Within one week after the cancellation of the execution of paragraph, 100,000 won shall be paid.

immediately after receipt of the said money, the Plaintiff

2. As to the compulsory auction, seizure and collection order of the real estate stated in the list 1-8, and provisional seizure of the claim, the conciliation intervenor D shall be the same list.

9. As to the provisional seizure against recorded immovables, a request for withdrawal and cancellation of execution shall be made; and

C. The defendants are the defendants.

230,000,000 won shall be paid within six months after the cancellation of the execution under paragraph.

Upon receipt of the above money, the plaintiff filed an application for withdrawal and cancellation of execution of provisional seizure against real estate with the Busan District Court 2016Kadan54281, and the conciliation intervenor.

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