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(영문) 수원지방법원성남지원 2016.02.02 2015가합2986
청구이의
Text

1. The Defendant’s repayment of the purchase price to the Plaintiff at Suwon District Court, Sung-nam Branch, on August 8, 2014.

Reasons

1. Facts of recognition;

A. On August 8, 2014, the Defendant filed a lawsuit against the Plaintiff for the claim for the refund of the purchase price (hereinafter “prior lawsuit”) with the Suwon District Court Sung-nam Branch 2013Gahap201369, the Defendant was sentenced to a judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 700 million and 5% per annum from May 22, 2013 to the date of full payment” with respect to the registration of the cancellation of the ownership transfer as to real estate sold by the Defendant. This judgment became final and conclusive on August 27, 2014.

B. On February 3, 2015, the Defendant rendered a decision to commence the compulsory sale of real estate with respect to the land C, D, E, and F (hereinafter “instant real estate”) owned by the Plaintiff based on the final judgment of the preceding lawsuit to the District Government District Court B on February 3, 2015.

(hereinafter “instant auction”). C.

G, the mortgagee of the instant real estate, with the consent of the Plaintiff, deposited on August 21, 2015, KRW 790,000,000,000,000,000,000,000 for the total amount of the principal and interest of the debt according to the final and conclusive judgment of the prior suit and the amount of the compulsory auction payment for compulsory auction by Sung-nam Branch of Suwon District Court in 2015

On August 28, 2015, the Defendant reserved an objection to the deposit and received the payment of the deposit money.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the compulsory execution of the defendant should be denied, since the plaintiff's debt according to the final judgment of the previous lawsuit is fully repaid with the above repayment deposit.

In regard to this, the Defendant: (i) KRW 10,725,282, (ii) KRW 12,000,000,000 paid by the Defendant with respect to some real estate that the Plaintiff had completed the registration of ownership transfer among the sale real estate; (iii) KRW 5,00,000,000, additionally imposed on the said part of the real estate; and (iv) KRW 2,948,00,00,000,000,000 for the instant auction.

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