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(영문) 서울중앙지방법원 2019.11.06 2019가합3504
청구이의의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff in accordance with the judgment of Seoul Central District Court C on April 29, 2014 is KRW 250,00,000.

Reasons

1. Basic facts

A. On April 29, 2014, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of the guaranteed obligation with the court C, and this court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 250,000,000 and the amount calculated at the rate of 20% per annum from May 7, 2013 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on May 16, 2014.

B. When the Defendant filed an application for compulsory execution against the corporeal movables located in the Plaintiff’s residence with the instant judgment as the executive title, the Defendant prepared a written confirmation as follows on June 12, 2014, which was the Plaintiff’s legal representative, and the Plaintiff’s wife paid KRW 7 million to the Defendant on the same day.

1. The defendant has the date to file an application for compulsory execution against corporeal movables located in the Seocho-gu Seoul Metropolitan Government Housing that the plaintiff resides with the judgment of this case as the executive title.

Ccorporeal movables subject to compulsory execution as above are the co-owned properties of the plaintiff and his wife E.

2. The plaintiff's wife E was planned to execute the preferential right to purchase the above corporeal movables during the compulsory auction procedure, but there is any inconvenience that should undergo such procedures for compulsory auction, and there is uncertainty about how much the defendant would receive dividends from the successful bid price, and how much the cost of execution would be deducted.

3. Accordingly, the Defendant and E purchased the Plaintiff’s share of the said corporeal movables at KRW 7,00,000, and partly repaid the Plaintiff’s debt with the said money, and the Defendant withdrawn the application for compulsory execution against the said corporeal movables, and thereafter agreed not to file a compulsory execution against the said corporeal movables and the corporeal movables acquired by the said E couple (hereinafter “the said corporeal movables, etc.”).

4. The Defendant received the above KRW 7,000,000 on June 12, 2014.

The receipt shall be made by this letter.

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