beta
Text
1. The Defendant’s KRW 68,247,048 and KRW 38,374,736 among the Plaintiff’s KRW 5% per annum from November 1, 200 to April 26, 2005.
Reasons
1. Facts of recognition;
A. On June 13, 2003, the Plaintiff, C, and network D (hereinafter “Plaintiff, etc.”) filed a lawsuit against the Defendant and E, F, G, H, I, J, K, and L (hereinafter “Defendant, etc.”) claiming the implementation of the procedure for ownership transfer registration (hereinafter “previous lawsuit”).
B. On May 18, 2005, the court rendered a judgment that "the defendant shall take the procedure for the registration of ownership transfer on the ground of sale on November 23, 1994 with respect to each part of the defendant's share of 522 square meters and N 17 square meters in Songpa-gu Seoul Metropolitan Government, and the defendant et al. shall jointly and severally take the procedure for the registration of ownership transfer on the ground of sale on November 23, 1994, and the defendant et al. shall pay to the plaintiff 38,374,736 won a year from November 1, 200 to April 26, 2005, and 20% a year from the next day to the day of full payment."
C. The Plaintiff appealed as Seoul High Court 2005Na59811, but the above court dismissed all appeals on October 26, 2006. The judgment became final and conclusive around November 23, 2006.
[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the above facts, the lawsuit in this case was filed for the interruption of extinctive prescription of the claim established by the judgment, and there is a benefit in the lawsuit. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 38,374,736 won per annum from November 1, 2000 to April 26, 2005; 20% per annum from the next day to June 4, 2018, which is clear that the delivery date of the payment order in this case is the original copy of the payment order in this case; and 15% per annum from the next day to the day of full payment. 2) As to this, the defendant filed the lawsuit in this case after the lapse of 10 years from the date of confirmation of the plaintiff's claim against the defendant in this case.