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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
1. Facts of recognition;
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is an apartment in which C and the Defendant, who is its wife, own each share of 1/2.
B. The Plaintiff won in favor of the Incheon District Court Branch Decision 2012Gadan111, which rendered against C, and paid the amount calculated at the rate of 20% per annum from March 13, 2012 to the date of complete payment. However, upon appeal by C, the conciliation was concluded as follows in the Incheon District Court Decision 2012Na21812, April 19, 2013.
1. The Defendant (referring to the Defendant) shall pay the Plaintiff (referring to the Plaintiff in this case) KRW 68,000,000,000, which shall be divided into KRW 20,000,000 until June 30, 2013, and KRW 20,000,000 until August 31, 2013, and KRW 28,00,000,000 until October 31, 2013, respectively.
2. If the defendant delays the payment of each of the above amounts on one occasion, the defendant shall lose the benefit of the time and shall pay the unpaid amount plus damages for delay at the rate of 20% per annum from the following day to the day of full payment.
3. The plaintiff waives the remaining claims.
4. The total costs and expenses for conciliation shall be borne by each person.
C. However, C did not perform all the obligations arising from the above conciliation.
C as of August 28, 2014, at the same time, bears the obligation of KRW 429,93,481 in total, including the obligation, etc. arising from the above adjustment, while the market price of the instant real estate is approximately KRW 4.6 million through KRW 500,000,000,000, which is the active property of KRW 1/2,000,000 or KRW 2.5 million, which is the amount equivalent to KRW 1/2,00,000 or KRW 2.
E. On September 1, 2014, C filed an application for individual rehabilitation with the competent court No. 2014, 170544, and received the decision of commencement on October 8, 2015, and received the decision of authorization of individual rehabilitation on June 13, 2016.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 3 and 4 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment are the creditor of C, who is the public property of C in subrogation of C.