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(영문) 대전지방법원서산지원 2016.06.01 2015가단54716
청구이의
Text

1. The Defendant’s compulsory execution based on the judgment of the Daejeon High Court 2014Na3809 loan, etc. against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s final and conclusive judgment on the Defendant’s loan case against the Plaintiff was filed a lawsuit against the Plaintiff seeking payment of KRW 89.5 million from the Daejeon District Court Seosan Branch (2013 Gohap391) and received a partial winning judgment from the above court on September 18, 2014. On August 28, 2015, the appellate court (Seoul High Court 2014Na3809) rendered a final and conclusive judgment with respect to KRW 59.5 million to the Defendant and KRW 48.5 million from December 31, 2011 to August 10, 2013 to September 18, 2014, each of the above final and conclusive judgment was rendered with the Defendant’s payment of KRW 59.5 million to the Defendant and KRW 20.5 million from September 18, 2014 to September 16, 2014 to the date of full payment (hereinafter referred to as “the final and conclusive judgment”).

B. On November 10, 2014, based on the judgment in the Daejeon District Court Decision 2013Gahap3391, the Defendant applied for a compulsory auction on the land and building in Seosan-si, the Plaintiff owned, and was ordered to commence compulsory auction as Seosan-si, the Daejeon District Court D. (2) On March 24, 2015, the Plaintiff filed an appeal against the above judgment in the first instance court and applied for a suspension of compulsory execution based thereon. On March 24, 2015, the Defendant was ordered to suspend compulsory execution based on the above judgment on the condition that the Plaintiff deposited KRW 60 million as security with the Daejeon District Court 2015KaMa1, and on March 31, 2015, the procedure for compulsory auction was suspended following the deposit of KRW 1483,60 million with the Daejeon District Court 2015.

3) On October 1, 2015, the Defendant received an order to seize and collect the claim for the withdrawal of the said secured deposit money based on the final judgment of the instant case as the Seosan Branch of the Daejeon District Court (Seoul District Court Decision 2015TTTTT 3144). On October 7, 2015, the Defendant applied for the continuation of the procedure for compulsory auction by Seosan Branch D with the Daejeon District Court around October 7, 2015. (4) On November 11, 2015, the Plaintiff applied for the continuation of the procedure for compulsory auction by November 11, 2015.

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