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(영문) 인천지방법원부천지원 2020.06.17 2019가단104619
손해배상(기)
Text

1. The defendant shall pay to an independent party intervenor KRW 1,324,701 as well as his/her annual interest from December 11, 2015 to June 17, 2020.

Reasons

1. In fact, on May 9, 2012, the Defendant gave a loan to E, and made a registration of establishment of a neighboring mortgage of KRW 93.6 million with respect to the F apartment G (hereinafter “instant real property”) in Bupyeong-gu, Seocheon-gu, Seoul (hereinafter “the instant real property”).

On June 26, 2013, a decision to commence voluntary auction was rendered on the instant real estate, and D made a demand for distribution of the deposit to a lessee in the said auction procedure. The court made a distribution schedule that distributes the amount of KRW 22,00,000 to D, and the amount of KRW 26,568,431 to the Defendant respectively.

The defendant filed a lawsuit of demurrer against D against D (In Mancheon District Court Branch Decision 2014Gadan3988) and filed a claim against D to the effect that D's claim for dividend payment should be transferred to the defendant as D is the most lessee, and as it is the conjunctive lessee, D's claim for dividend payment should be transferred to the defendant. The court dismissed the plaintiff's primary claim on December 17, 2014, and the lease contract in the preliminary claim is revoked by fraudulent act and dismissed the remainder of the preliminary claim.

Defendant and D filed both appeals. On September 10, 2015, the appellate court rendered a ruling to dismiss all of the Defendant’s claims on the grounds that the Defendant’s claims cannot be recognized as excess of E’s obligations (In Incheon District Court 2015Na50293), and on October 6, 2015, the above ruling became final and conclusive.

On the other hand, while proceeding with the above lawsuit, the defendant filed an application for provisional attachment against D's claim for payment of deposit money or provisional attachment (Jincheon District Court Decision 2014Kadan10046) and provisional injunction against the claim for payment of dividend payment (Jincheon District Court Decision 2014Kadan10680) with respect to D's dividends deposited with D, and received the decision of provisional attachment and provisional disposition around February 5, 2014.

D. On December 1, 2015, as the judgment of the court below against the defendant, D applied for the cancellation of each of the above enforcement on December 1, 2015, and its execution was revoked on December 2, 2015.

D The above provisional attachment, provisional injunction, etc. against the defendant.

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