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(영문) 서울북부지방법원 2017.03.14 2016가단35199
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 31, 2008, 2008, C and D applied for a payment order against C and D seeking the payment of the acquisition amount under the Seoul Central District Court 2008Guj48023, and received a payment order against C and D to “C and D jointly pay damages for delay of KRW 24,737,667 and KRW 10,552,592 among them.”

B. Meanwhile, on the other hand, the Plaintiff acquired the above claim for the transfer money from the community of the Eastyang Korea, and received the transfer execution clause, and applied for a seizure and collection order against the Defendants, the heir of the network E, as to the claim for the loan to the deceased E (hereinafter “the deceased”). On April 2, 2015, the Plaintiff issued a collection order for the seizure and collection of the claim (hereinafter “the seizure and collection order for the instant claim”) and served the Defendants around that time.

C. Meanwhile, the Deceased died on March 10, 2005 without marriage, and died on March 10, 2005, and the Defendants and F as his inheritor. Around 1993, the Deceased died of a type of G and his spouse H et al., his spouse, and his wife, J et al. inherited I as his wife, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion C sold K apartment Nos. 105 and 207 to the Deceased on Nov. 8, 2003, Seo-gu, Incheon, which he owned, and during the course of sale, the Deceased was liable for KRW 45 million to C.

As a result, C applied for provisional seizure of real estate by the Incheon District Court 2005Kadan5327 with the deceased as the debtor, and rendered a provisional seizure decision on February 28, 2005.

Therefore, the Defendants, the inheritors of the deceased, are the Plaintiff, who received the seizure and collection order of the claim of this case against the deceased, as to the above claim that C had against the deceased, as to KRW 5,947,530 corresponding to each of their respective shares of inheritance (per 1/5 shares), and the principal amount of KRW 2,11,910.

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