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(영문) 제주지방법원 2020.12.24 2019가합14826
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 1, 2019, the Plaintiff, based on the executory exemplification of the Seoul High Court 2018Na2056122, filed a claim attachment and collection order with respect to the amount until the amount claimed KRW 591,853,28 out of the loan repayment claim was KRW 591,8,00,00 with the Jeju High Court 201Na26518, based on the executory exemplification of the judgment with executory power over the unjust enrichment case (hereinafter “instant decision”). The instant decision was served on the Defendant on November 6, 2019.

B. The defendant, on November 18, 2008, has a right relationship with the real estate of this case 1) Do farming association corporation (hereinafter "D association corporation")

(2) On August 10, 2011, the E farm site was divided into KRW 1159 square meters, KRW 18891 square meters, and KRW 393 square meters, which was owned by Jeju, and the said land was divided into KRW 395 square meters, around August 16, 201, KRW 1889 square meters, and KRW 2045 square meters, around December 15, 2017.

() Around August 10, 2011, the land for I farm was divided into 1574m2 (168m2, 1686m2, J farm site into 13493m2, 395m2, and H farm site.

A) On November 13, 2008, with respect to the total nine parcels of land including 7640 square meters for K farm site, 48 square meters for L farm site, and 21 square meters for M farm site, the ownership transfer registration (1,000,000 won for the transaction on the real estate register) was completed on November 13, 2008, and on January 2, 2009, with respect to the total three parcels of land including 11769 square meters for N farm site in Jeju-si, which was owned by D association corporations, on January 2, 2009 (50,000,000 won for the transaction on the real estate register). (The defendant completed the registration of ownership transfer on November 18, 2008 and on January 2, 2009.

2) As to the instant real estate, on October 21, 2005, the maximum debt amount of KRW 650,000,000, and the establishment registration of a neighboring mortgage P group consisting of the debtorO and the mortgagee P group on October 21, 2005, the maximum debt amount of KRW 1,300,000,000, and Q agricultural partnership of the debtor on the same day.

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