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(영문) 의정부지방법원 2014.10.21 2013가단48784
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 27, 2012, D sold to the Defendants each real estate indicated as follows (hereinafter “instant real estate”) in the separate sheet for KRW 360,00,000,00,000, the Defendants subscribed to KRW 300,000 (hereinafter “the instant loan obligations”) with respect to the obligations owed by the Korean Non-School Teachers and Doide Cancer to the Fisheries Cooperatives as security on March 28, 2011. The amount is paid to the Defendants as KRW 5,00,000,000 (hereinafter “the instant loan obligations”) out of the remainder of the purchase price, which is deducted from the purchase price, and the intermediate payment of KRW 25,00,000 on June 30, 2012, and the remainder is paid as KRW 30,000,000 on April 30, 2013.

(hereinafter “instant sales contract”). D received down payment of KRW 5,00,000 from the Defendants on the day of the instant sales contract.

B. On May 14, 2012, the Plaintiff filed an application for provisional seizure against the debtor, Nonparty D, and the garnishee’s claim amounting to KRW 20,000,000 among the claims listed in the separate sheet, and received the decision of acceptance on May 14, 2012 (Ji-gu District Court 2012Kadan93), and the authentic copy of the decision was served on the Defendants on May 29, 2012.

C. On November 5, 2012, the Plaintiff filed an application for a provisional attachment and a collection order with the debtor’s above D and 3 debtors’ amounting to KRW 20,438,356 among the claims listed in the separate sheet, and filed an application for the attachment and collection order to transfer the provisional attachment to the provisional attachment (No. 2012TT 19319), and the original copy of the decision was served on the Defendants on February 23, 2013.

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 2, Evidence No. 1-2, Evidence No. 1, 2, and 4, and the purport of the whole pleadings

2. The creditor holding a judgment on the cause of the claim may exercise the debtor's right in his/her own name and outside court without the subrogation procedure to the extent of the purpose of collecting the claim (see Article 229(2) of the Civil Execution Act). Accordingly, according to the above facts of recognition, the above facts of recognition are examined.

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