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(영문) 부산지방법원 동부지원 2018.08.23 2017가단5602
청구이의
Text

1. The defendant's decision against the plaintiff is final and conclusive in Busan District Court Decision 2014 Ghana17967.

Reasons

1. Facts of recognition;

A. The defendant has a claim against the plaintiff at the rate of 5% per annum from November 29, 2001 to July 3, 2003 and 20% per annum from the following day to the date of full payment. The defendant has a claim against the plaintiff at the Busan District Court's Dong Branch of the Busan District Court's 2003Gahap1709 decided July 3, 200.

B. The defendant is against the plaintiff.

In addition to the amount of the judgment stated in paragraph (1), the Busan District Court has a claim of KRW 50 million based on the decision of transfer money (No. 4383) and damages for delay.

C. On May 23, 2013, the Plaintiff filed an application for bankruptcy and discharge with the Seoul Central District Court Decision 2013Hadan5275, 2013Ma5275, the same court decided to grant the exemption on July 25, 2014, and publicly announced on July 29, 2014, and the said decision became final and conclusive on August 13, 2014.

On June 10, 2014, the Defendant filed a lawsuit seeking compensation against the Plaintiff on June 10, 2014 for the extension of the prescription period of the Busan District Court’s East Branch Decision 2003Gahap1709, the Busan District Court’s East Branch Decision 2014Gadan17967, and on June 19, 2014, the decision on performance recommendation was finalized on July 10, 2014, with the same content as the above Decision 2003Gahap1709, as the Plaintiff did not object to the decision on performance recommendation.

E. On February 14, 2017, the Defendant requested the Seoul Central District Court 2017TTT No. 2578 and the same court cited the order of seizure and collection on February 21, 2017.

F. On December 8, 2008, the Plaintiff’s 1) died on December 8, 2008, and the Plaintiff’s 10 lots of land and one of the lots of land (hereinafter “instant real estate”) on the land, 10 lots of land, Do, Gyeong-gun, Gyeong-gun, and Gyeong-gun, Gyeong-gun’s remaining property.

(2) After the death of the deceased, the Plaintiff claimed an approval seal of the recording of the deceased’s will on December 9, 2008, as the Changwon District Court Decision 2008Radan233, which was located in the Changwon District Court, and the effect of the deceased’s will is disputed between the Plaintiff and the Plaintiff’s birth, E, F, etc.

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