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(영문) 수원지방법원성남지원 2015.06.09 2014가합206989
청구이의
Text

1. Compulsory execution based on the judgment of Suwon District Court Branch 2013Gahap201291 against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. On November 20, 2013, the Defendant filed a lawsuit against the Plaintiff for a claim, such as the delivery of a building (U.S. District Court 2013Gahap201291), and the said court rendered a judgment that fully accepts the Defendant’s claim with the following content.

Although the Plaintiff appealed against this, the appeal (Seoul High Court 2013Na2030644) was dismissed on June 5, 2014, and the Plaintiff appealed again, but the appeal (Supreme Court 2014Da215871) was dismissed on September 25, 2014, which became final and conclusive on September 26, 2014.

(hereinafter “instant judgment”). The Plaintiff is jointly and severally with C, and the Defendant:

1. The real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) is transferred;

2. Payment of 49,930,740 won and interest thereon at the rate of 20% per annum from May 7, 2013 to the date of full payment (hereinafter “debts, such as delayed rent”);

3. From March 1, 2013 to the completion date of delivery of the instant real estate, the Plaintiff paid money at the rate of KRW 5,500,000 per month (hereinafter “liability to return unjust enrichment”).

The defendant was ordered to commence a compulsory auction on the real estate owned by the plaintiff as an executive title on July 3, 2014.

C. Although the Plaintiff intended to repay the Defendant’s debt under the instant judgment (hereinafter “instant judgment debt”), the Plaintiff deposited KRW 104,854,838, respectively, with the amount of KRW 221,00,000, KRW 1751, KRW 695,243, KRW 201, KRW 2014, KRW 201, around July 10, 2014, KRW 201, KRW 104,854,838, respectively, on October 2, 2014, KRW 221, KRW 201, KRW 104,854,838, respectively, on the ground that the Defendant

(hereinafter referred to as “instant deposit”) D in total.

The Plaintiff delivered the instant real estate to the Defendant on October 27, 2014 according to the instant judgment.

In addition, the defendant's execution cost of October 31, 2014 is KRW 1,364,970 in the execution procedure for corporeal movables auction conducted against the plaintiff's property.

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