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(영문) 수원지방법원안양지원 2019.07.25 2018가단8710 (1)
청구이의
Text

1. It is based on the executory exemplification of a judgment in Suwon District Court, 2017Kadan106396.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in the entry in Gap evidence 1, Eul evidence 2 and 3, with a comprehensive view to the whole purport of the pleadings.

The Defendant et al. filed a lawsuit against the Plaintiff regarding the partition of co-owned property, etc. under the Suwon District Court Ansan Branch 2017Kadan106396, Apr. 27, 2018 with the purport of “the Plaintiff shall pay to the Defendant money at the rate of KRW 8,40,00 per month from January 31, 2017 to the first day of the date of loss of the Plaintiff’s ownership (including co-ownership; hereinafter the same applies) as to each of the real property in the separate sheet (hereinafter “related judgment”) as to each of the real property in the instant case from January 31, 2017 to the first day (hereinafter “instant judgment”).

(2) Upon receipt of the relevant judgment, the Defendant filed an application for the seizure and collection order of the Plaintiff’s deposit claim against the Plaintiff Co., Ltd. as the title of execution with the Suwon District Court Ansan Branch Branch Branch Branch Branch Branch of 2018TT 2404, and received KRW 7,505,577 out of the Plaintiff’s deposit. (c) On June 1, 2018, the Defendant collected the said bank on June 20, 2018, and received KRW 7,505,577 out of the Plaintiff’s deposit. The Defendant, with the title of execution, shall obtain a compulsory auction (hereinafter “auction of this case”). The Defendant, with the title of execution, shall obtain a compulsory auction for each of the instant real estate in accordance with the attached Table No.

On July 5, 2018, the above court rendered a ruling to commence auction. D.

On August 1, 2018, the Plaintiff paid KRW 8,454,423 to the Defendant for the repayment of obligations according to the relevant judgment.

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion (1) is that the Plaintiff’s obligation to the Defendant according to the relevant judgment is extinguished by paying the Defendant the sum of KRW 15,960,00 (=7,505,577 Won 8,454,423) as above. As such, the Defendant’s compulsory execution against the Plaintiff ought to be denied.

(2) collect the sum of the Defendant KRW 15,960,00; or

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