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(영문) 광주지방법원 2015.10.16 2014나12023
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

On April 13, 2011, the Defendant and C concluded a sales contract with the Defendant to purchase KRW 1,83,600,000 for purchase price (hereinafter “instant real estate”) of D forest land 61,103 square meters, E forest land 13,894 square meters, and F forest land 662 square meters (hereinafter “instant real estate”).

On the date of the above contract, the Defendant paid 100,000,000 won of the down payment to C as a cashier’s check, and on April 20, 201, paid 200,000 won of the remainder of the purchase price as a cashier’s check.

On April 20, 2011, the registration of transfer of ownership in the name of the defendant, which is the ground for registration, was completed on April 13, 201 with respect to each of the instant real estate under the jurisdiction of the Gwangju District Court No. 12042, the receipt of the Gwangju District Court's Mayangyang Registry.

The Plaintiff filed an application for provisional attachment of claim amounting to KRW 1,530,960,00 under the instant sales contract against the Defendant with respect to the remainder claim amounting to KRW 95,973,850 against C as the preserved claim, and received a decision on provisional attachment of claim (hereinafter “decision on provisional attachment of claim”) on June 2, 201, by Seoul Eastern District Court 201Kadan3782, and the said decision was served on the Defendant on June 14, 2011.

However, as to this, C filed an objection to provisional attachment under the above court No. 201Kadan5610. On February 3, 2012, the above court approved the decision of provisional attachment of this case within the scope of KRW 9,500,000, and decided to revoke the remainder of the provisional attachment. The above court dismissed the appeal on February 28, 2013, while the Plaintiff filed a reappeal, the said court rejected the reappeal on February 28, 2013, and the said court rejected the reappeal on March 26, 2013.

The Plaintiff filed an application for the provisional seizure and collection order to transfer the instant provisional seizure to the main seizure. On January 8, 2014, the said court rendered a provisional seizure of KRW 9,500,000 among the remainder claims under the sales contract against C pursuant to the instant provisional seizure order against the Defendant under the sales contract as of January 8, 2014, and the Plaintiff transferred the provisional seizure to the main seizure.

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