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(영문) 수원지방법원 성남지원 2018.04.17 2017가합408175
청구이의
Text

1. The Seoul High Court Decision 2015Na2009378 decided Dec. 18, 2015 (Seoul High Court Decision 2015Na209378 decided Dec. 18, 2015

(b).

Reasons

1. The Defendant, indicating the claim, filed a claim for return of lease deposit, etc. against Nonparty C on December 18, 2015, changing the first instance judgment, including the claim extended or reduced at the first instance trial by Seoul High Court from 2015Na2009378, as follows:

A. Nonparty C paid KRW 420 million to the Plaintiff at the same time, along with the delivery of building 604 in Gangnam-gu Seoul (hereinafter “instant building”) from the Defendant.

B. Nonparty C shall pay to the Defendant 12,356,734 won, and 12,298,670 won among them, 5% per annum from September 1, 2015 to December 18, 2015, and 20% per annum from the next day to the date of full payment;

C. The defendant's remaining claims are dismissed.

“Partial favorable judgment was rendered by the Plaintiff. On December 2, 2015, the Plaintiff acquired the ownership of the instant building from Nonparty C, and the Defendant, on January 15, 2016, against the Plaintiff, who was Nonparty C’s successor from the Seoul High Court judicial assistant officer, on December 18, 2015, ordered the Seoul High Court Decision 2015Na209378 Decided December 18, 2015

was granted by succession to compulsory execution clause based on subsection (1).

Accordingly, on November 10, 2017, the Plaintiff deposited the Defendant with Seoul Central District Court No. 24007, 2017, and the Seoul High Court Decision No. 2015Na2009378 decided Nov. 10, 201

A reimbursement deposit of KRW 420,000,000 under subsection was made.

Therefore, the Seoul High Court Decision 2015Na2009378 decided December 18, 2015 against the Defendant’s Plaintiff 1-A of the Disposition 1.

On November 14, 2017, the Seoul Central District Court authorized the decision of the suspension of compulsory execution on November 14, 2017 with respect to the case of application for the suspension of compulsory execution based on paragraph 2017 Chicago30897.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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