beta
Text
1. The Defendant’s Seoul Central District Court Decision 201Da302147 decided September 14, 2012 (main office) against the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition (1) The Plaintiff filed a lawsuit against the Defendant to seek the name map, etc. of a building with the Seoul Central District Court 201Gadan302147, and the Defendant filed a counterclaim against the Plaintiff as Seoul Central District Court 2012Gadan190068 to seek the name map of a building.
On September 14, 2012, “The Defendant shall pay KRW 600,000 to the Plaintiff. The Plaintiff was sentenced to the judgment that “The Plaintiff shall pay 2,428,000 won to the Defendant with 5% per annum from July 21, 2012 to September 14, 2012, and 20% per annum from the next day to the day of full payment” (hereinafter “the judgment of the first instance”).
The judgment of the first instance also stated the purport that provisional execution may be effected.
(2) On August 12, 2013, the Defendant lodged an appeal against the judgment of the first instance as Seoul Central District Court 2012Na4841 (principal lawsuit), 2012Na4858 (Counterclaim), and was sentenced to a judgment on August 12, 2013 (hereinafter “the judgment of the second instance”) stating that “The Plaintiff shall pay to the Defendant 50 million won and the amount calculated at the rate of 20% per annum from June 14, 2013 to August 12, 2013, and the amount of money calculated at the rate of 50 million won per annum from the next day to the date of full payment” (hereinafter “the judgment”). The said judgment became final and conclusive on September 3, 2013.
(3) On August 21, 2015, the Defendant applied for a compulsory auction on real estate sites and buildings in Gwanak-gu Seoul Special Metropolitan City, a real estate owned by the Plaintiff based on the amount of judgment by the first instance court and the second instance court.
(4) On September 24, 2015, the Plaintiff deposited 4,036,618 won, subtracting 600,000 won paid by the Plaintiff from the judgment of the first instance court, which included damages for delay from the date of deposit of the judgment of the first instance and the judgment of the second instance as Seoul Central District Court No. 2105 in 2015, which included damages for delay from the date of deposit of the judgment of the second instance.
Since then, the plaintiff additionally paid 963,194 won for the application for the compulsory auction of the above real estate.