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1. The Defendant’s decision against the Plaintiff is based on the Seoul Northern District Court Decision 2015Gahap27006 Decided October 26, 2017.
Reasons
1. Basic facts
A. 1) The Defendant filed a lawsuit against the Plaintiff with the Seoul Northern District Court (Seoul Northern District Court 2015Gahap27006). On October 26, 2017, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant KRW 300 million and the amount equivalent to 5% per annum from April 6, 2013 to March 19, 2016, and 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).
(2) The Plaintiff appealed the instant judgment as Seoul High Court No. 2017Na2063765, but the Seoul High Court rendered a judgment dismissing the appeal on May 16, 2018.
In addition, the Plaintiff appealed the above dismissal judgment by Supreme Court Decision 2018Da242987, but the Supreme Court rendered a judgment dismissing the appeal on October 4, 2018.
B. Defendant’s compulsory execution 1) Based on the instant judgment, the Seoul Northern District Court filed an application for compulsory auction against the Seoul Dobong-gu Seoul Metropolitan Government C Apartment and D, which was owned by the Plaintiff (Seoul Northern District Court E), and the said court rendered a decision to commence compulsory auction on July 25, 2018 (the procedure of auction conducted according to the above decision).
(2) On February 11, 2019, the above apartment was sold on the date of sale of the first auction procedure in the instant case. (2) The Defendant applied for a compulsory auction of real estate on five parcels, other than 2,364m2, 000 square meters, which are owned by the Plaintiff, according to the instant judgment in the Gangseo-gu District Court Branch Office, and the said court rendered a decision to commence the compulsory auction on August 6, 2018.
(The second auction procedure of this case is called "the procedure of this case").
The Plaintiff, who received dividends during the repayment deposit and the auction procedure, shall appoint the Defendant as the principal deposit, and shall take part of the judgment amount of the Seoul Northern District Court No. 1161 on March 26, 2019 and the auction procedure of this case.