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(영문) 창원지방법원진주지원 2020.04.21 2018가단39606
청구이의
Text

1. The Defendant’s decision on the Defendant’s recommendations for the collection of the collection money amounting to the Changwon District Court 2018Gau3212 against the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2016, the Plaintiff purchased D land and two-story houses on its ground (hereinafter “instant building”) from Jinju-si, Jin-si, and completed each registration of ownership transfer on November 21, 2016.

B. On February 26, 2018, based on the judgment bond against E (this Court No. 2008 Ghana26704), the Defendant was issued a seizure and collection order regarding KRW 20,950,773 of the lease deposit claim against the Plaintiff under the lease agreement on the instant building, and this was served on the Plaintiff on March 19, 2018.

(hereinafter “instant seizure and collection order”). C.

The Defendant filed a lawsuit against the Plaintiff on the basis of the instant claim seizure and collection order under this Court No. 2018 Ghana3212.

On April 17, 2018, this Court rendered a decision on performance recommendation to the Defendant that “the Plaintiff would pay KRW 20,950,773 to the Defendant and delay damages therefrom” (hereinafter “instant decision on performance recommendation”), which was finalized on May 5, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 5, Eul's evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the final and conclusive decision on performance recommendation does not bring res judicata effect, in a lawsuit of demurrer against the final and conclusive decision on performance recommendation, the failure of the claim prior to the decision on performance recommendation is also a ground for objection. In this case, the burden of proving the existence or establishment of the claim is against the defendant in the lawsuit of objection.

B. In full view of the absence of dispute between the parties, or the overall purport of the entries and arguments in the evidence Nos. 1 and 2, E, after filing a move-in report on the building of this case on September 14, 2009, has been registered as of the present date. According to the results of service of the seizure and collection order of this case, it is recognized that it was served on E on the principal on March 15, 2018.

C. However, the facts stated in the preceding 1.1.

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