The defendant's assertion in relation to the instant case cannot be accepted since there is no evidence to prove it.

The defendant's assertion in relation to this case is insufficient to recognize that the actual owner of the land in this case is H or the defendant has paid interest, and there is no evidence to acknowledge it, and there is no evidence to prove that the above agreement has been modified, and the defendant's argument is not accepted.

2012Gaz. 30966 Claim Prohibition of Seizure

Korea

AA Industry Corporation

March 19, 2013

April 30, 2013

1. The defendant shall pay to the plaintiff 000 won with 20% interest per annum from June 23, 2010 to May 2, 2012 to the day of complete payment.

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

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

가. 소외 유BB은 2009. 6. 1. 피고와 유BB 소유의 인천 남동구 OO동 0000 공장용지 1,700㎡，같은 동 0000 공장용지 50㎡，합계 1,750㎡와 그 지상건물(이하 '이 사건 부동산'이라 한다)에 관하여 매매계약을 체결하면서 매매대금은 00000 원으로 하되 ， 계약금 0000원은 2009. 6. 1.에 ，중도금 0000원은 2009. 6. 30.에，잔금 00000원은 소유권 이전과 동시에 2009. 7. 15.에 각 지급받기로 약정하였다.

B. The UB completed the registration of transfer of ownership on the ground of sale on June 1, 2009 to the Defendant with respect to the instant real estate without receiving the remaining purchase and sale payment on July 15, 2009.

C. Nonparty B’s payment of national tax bonds and notice of the Plaintiff’s seizure of claims

1) On June 22, 2010, in order to collect 000 won of the total amount of delinquent taxes, such as corporate tax and value-added tax, and capital gains tax not paid by the non-party EE, the representative of the above UB, the Plaintiff (U.S.) seized KRW 000,000, and each request for collection on August 9, 201, and September 8, 201, and July 4, 201, each request for collection was served on the Defendant each time.

2) At the time of the notice of the attachment of claims, the details of national taxes in arrears by BB are as follows:

(The following table omitted):

D. On September 20, 201, the Defendant paid KRW 000 to the Plaintiff, and the Plaintiff appropriated this for the amount in arrears of the relevant BB.

[Reasons for Recognition]: Facts without dispute, Gap evidence 1 to 7, Eul evidence 3, and the whole purport of the pleading

2. Determination

A. Determination on the cause of the claim

According to the above facts, the defendant is obligated to pay the remaining KRW 000 (=000-0000) which deducts the amount of KRW 000,000, which the plaintiff was paid by the defendant from the remaining purchase price of the real estate of this case, to the plaintiff, who is the execution creditor of the UnitedB, unless there is a special reason to the contrary.

B. Determination on the Defendant’s assertion

1) First, the Defendant agreed to dispose of and pay the balance from the sale of the oilB to Nonparty 1 FF, the Defendant’s major shareholder, to dispose of and pay the shares of the GG industry corporation held by Nonparty 1 FF, so the due date for payment has not yet arrived, but the evidence No. 8 is insufficient to accept the Defendant’s assertion on the grounds that there is no other evidence.

2) The defendant, (i) the actual balance of the sales of this case was 000 won, and (ii) the construction cost, excluding 0000 won recovered from HaH, the actual owner of the factory site of this case, and 000 won (=000-000), and 000 won (i.e., interest 000 won) paid by the defendant to HaH, and (ii) the interest 000 won paid by the defendant to Hah, and (iii) the amount of 000 won paid to the plaintiff on September 20, 201, and (ii) the amount to be paid to the plaintiff is 000 won (i.e., i., h.).

2) Therefore, each of the statements in the following items: (a) the actual balance of the purchase and sale balance is 000 won; (b) the actual owner of the factory site in this case is insufficient to recognize that the actual owner of the factory site in this case is HaH or the defendant was paying interest; and (c) there is no other evidence to support this; and (d) even in the case of the construction cost, the first purchase and sale contract for the real estate in this case was concluded by the defendant who is the buyer, and there is no other evidence to support that the above agreement was amended.

C. Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff 00 won and its remaining debt after the due date of payment of the purchase and sale, with 5% per annum from June 23, 2010 to May 2, 2012, and 20% per annum from the next day to the date of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.