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(영문) 수원지방법원안양지원 2019.01.18 2017가합101695
매매대금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 16, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “B”) for sale of the Seongbuk-gu Seoul Building No. 6 E, 11th floor F and G, and on August 16, 2016, changed the purchaser’s name to Defendant C. On September 29, 2016, the Plaintiff completed the registration of transfer of ownership under the name of the Defendants on September 29, 2016. The Defendants still did not pay part of the remainder of each contract. Accordingly, the Defendants did not pay part of the remainder of the remainder of KRW 652,487,251 (E) (the remainder of KRW 464,974,502 G and KRW 187,512,749), and the remainder of KRW 105,31,296 and delay damages.

If there exists a seizure and collection order against the claim, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor shall lose the standing to file a lawsuit for performance against the seized claim.

(2) On September 23, 2018, among the remainder claims under the sales contract for the building E and subparagraph (Ga) of this case against Defendant B, the Plaintiff’s creditor H Co., Ltd., 600,000,000 among the remainder claims under the sales contract for the building E and subparagraph (Ga) of this case, and 150,000,000 among the remainder claims under the sales contract for the building E and subparagraph (Ga) against Defendant C of this case were delivered to the Plaintiff on October 23, 2018 (see, e.g., Supreme Court Decision 2018Da23421, Sept. 25, 2008). In light of the purport of the entire pleadings, the collection order for the Plaintiff’s claim attachment and collection against Defendant B of this case was issued to the Plaintiff on July 19, 2018, and each of the above claims against Defendant C of this case, and the lower court’s collection order for the remainder of KRW 3000,001,000 and 501.

If so, the plaintiff's status against the defendant B.

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