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(영문) 광주지방법원순천지원 2016.04.21 2015가합1049
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) the establishment of title 1) A Construction Co., Ltd. (hereinafter referred to as “B”) A Construction Co., Ltd.;

) The D Building on the ground outside C and four parcels (hereinafter referred to as “instant real estate”).

(2) On April 9, 2010, Gwangju District Court rendered a judgment against the owner of the real estate of this case that “The owner shall jointly and severally pay 1,651,363,636 won and the interest rate of 20% per annum from September 24, 2003 to the date of full payment,” and the above judgment became final and conclusive. (2) ADD construction transferred 350,000,000 won out of the winning amount by the above judgment to the Plaintiff on April 9, 2010.

3. On August 30, 2011, the Defendant filed a lawsuit against the Plaintiff, who is the lien holder of the instant real estate, and the Plaintiff, who is the lien holder of the instant real estate, filed a lawsuit against the construction of the instant real estate in Gwangju District Court 201Gahap4583, and the said court on May 24, 2012, "the Plaintiff" was paid from the Defendant KRW 1,301,363,636, and KRW 350,000,000 to the Defendant at the same time, and at the same time, "the judgment of this case" is "the judgment of this case that delivered the instant real estate to the Defendant".

(4) The Defendant appealed as the Gwangju High Court 2012Na3073, but the said court rendered a judgment dismissing the appeal on May 8, 2013, and the said judgment became final and conclusive as it is.

B. On October 18, 2013, the Defendant, including compulsory execution, was drafted with a written agreement under which the Defendant renounces the right of retention and the right to payment of the construction cost from AD Construction.

2 The defendant deposited 350,000,000 won for the plaintiff on June 25, 2014.

C. 1, including the preparation of the instant agreement, filed an application for compulsory execution of the name of the building on the instant real estate in accordance with the instant judgment, and the Plaintiff raised an objection to the instant judgment on July 24, 2014.

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