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(영문) 서울남부지방법원 2015.11.26 2015가단200047
전부금
Text

1. Defendant B shall pay 6,00,000 won to the Plaintiff and 20% per annum from March 30, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On November 30, 2010, the Plaintiff filed a payment order with the Seoul Southern District Court 2010 tea13623 against Non-Party New Security Co., Ltd. (hereinafter “New Security Corporation”) for payment order for KRW 281,365,470 and KRW 181,365,470 among them, jointly and severally with D, and jointly with the Plaintiff for KRW 281,365,470, and KRW 181,365,470 from July 2004; KRW 100,000,000 each year from February 10, 2006 to November 15, 2010; and KRW 20% each year from the next day to the date of full payment order was finalized around that time.

B. Upon entering into a sales contract, the non-party E regional housing association concluded a contract with the newly constructed apartment units on the land of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to have the newly constructed apartment units with the aim of carrying out all necessary tasks on behalf of the new apartment units.

Accordingly, it is decided to purchase the land necessary for the new construction of the apartment in Yeongdeungpo-gu Seoul Metropolitan Government. On July 2, 2002, Defendant C purchased the G land in KRW 240 million from Defendant C on November 21, 2002, and paid the down payment of KRW 24 million to Defendant C on November 21, 2002 (hereinafter “instant sales contract”). ② After purchasing the land of Yeongdeungpo-gu Seoul Metropolitan Government H land from Defendant B from Defendant B, it paid KRW 6 million as the down payment on July 29, 2004.

C. On November 25, 2013, the Plaintiff confirmed the attachment and assignment order of the Plaintiff, based on the original copy of the above payment order, and the sales contract between Suwon District Court and the Defendants was cancelled on July 6, 2007, with respect to each claim for restitution of KRW 24 million against Defendant C, and KRW 6 million against Defendant B, respectively, and this order was finalized on July 22, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2-1, 2-2, 2-3, Eul 1 and 3, the purport of the whole pleadings

2. Claim against the defendant B

(a)the indication of the claim: the above basic facts;

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