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(영문) 서울서부지방법원 2019.04.04 2018가단9657
손해배상(기)
Text

1. The part concerning the claim for compulsory execution expenses in the lawsuit of this case shall be dismissed.

2. The defendant shall make the plaintiff (appointed party) 29,650.

Reasons

1. Basic facts

A. On November 20, 2015, the Plaintiff acquired the ownership of the Plaintiff and the designated parties (i) the F Building G, H, and I (hereinafter “Plaintiff-owned real estate”) located in one parcel outside Eunpyeong-gu Seoul, Eunpyeong-gu, and one parcel (hereinafter “Plaintiff-owned real estate”).

(2) On December 3, 2015, the Appointed completed the registration of transfer of ownership due to compulsory auction on the same day. (3) On the F building J, K, and L (hereinafter “Appointed C”) the registration of transfer due to compulsory auction on the same day.

3) The Appointed D is the F Building M on December 3, 2015 (hereinafter “Appointed D’s real estate”).

(B) The Defendant’s possession completed the registration of ownership transfer due to a compulsory auction on the same day. B. The Defendant’s possession of the F building G, H, I, J, K, H, L, M (hereinafter “Plaintiff and Selection”) together with the real estate owned by the Plaintiff and the designated parties, from before the Plaintiff and the designated parties acquire the ownership of F building to April 7, 2017.

A. [Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 16, 17, 29 (including branch numbers if any); hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. We examine the legitimacy of this part of the lawsuit in this case, ex officio, as to whether the part concerning the claim for expenses of compulsory execution is lawful.

In order to receive real estate owned by the Plaintiff, the Plaintiff paid KRW 1,022,250 to each of the compulsory execution expenses for the delivery of real estate owned by the Plaintiff and KRW 1,447,750 to the Defendant.

The cost of execution which has not been reimbursed in the compulsory execution procedure shall be separately applied for a decision to determine the amount of execution cost to the court of execution, and the decision shall be executed as the executive title, and the debtor shall be entitled to a separate lawsuit to pay the amount equivalent to the execution cost.

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