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(영문) 광주고등법원(전주) 2017.09.14 2016나12361
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant’s project (1-1 line and D pedestrian environment development project) from July 2009 to July 2009 on urban planning facilities (1-1 line as well as D pedestrian environment development project) (hereinafter “instant project”).

(2) The Defendant had consulted with B in order to acquire 547 square meters (hereinafter “instant land”) of the Dongdaemun-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, which was incorporated into the instant land for the instant project site. However, as the agreement was reached, the Defendant applied for the adjudication of expropriation to the Jeju Special Metropolitan City Land Expropriation Committee.

3) On June 29, 2015, the said commission decided the compensation for losses for the instant land at KRW 368,678,00 (hereinafter “instant compensation”) and the date of expropriation on August 24, 2015. (b) With respect to the instant real estate at the time of the adjudication on the instant land, multiple creditors including the Plaintiff have completed the following registration. The details of the registration as of the date of the obligee’s registration are as follows: (k) on April 29, 201, Plaintiff 2 on January 4, 2011 (the maximum amount of claims KRW 170,000,000,000) (the maximum amount of claims KRW 170,000,0000 on September 4, 2011; and (e) on September 16, 2011, Seoul Special Metropolitan City seizure on September 25, 2011.

C. In the case of interested parties, Industrial Bank of Korea No. 110,506,752, Sept. 3, 2014, details of the creditor’s seizure and assignment order of KRW 22,435,692, Sept. 6, 2015, which included the claim date of the creditor’s seizure No. 110,506,752, which was the date of seizure of the creditor’s right to claim the payment of the instant compensation, and the seizure and collection request of KRW 803,360, Jul. 7, 2015, which was requested for the seizure and collection of KRW 4,00 on July 10, 2015, and KRW 5, which was requested for the seizure and collection request of KRW 170,00,000,000 on August 13, 2015, the related parties seized the instant claim for payment as follows:

The Industrial Bank of Korea worth KRW 303,360, Jul. 8, 2015, 2015, 3.22,435,690 on July 22, 2015, the payment date of the creditor’s payment date of Industrial Bank of Korea KRW 10,506,750 on August 3, 2015.

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