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(영문) 서울서부지방법원 2020.02.07 2019가단5232
약속어음등
Text

1. The part of the plaintiff's lawsuit against provisional attachment costs of KRW 1,301,200 and damages for delay shall be dismissed.

2...

Reasons

1. Basic facts

A. On November 13, 2018, F issued promissory notes with face value of KRW 200,000,000 at face value, issue price, place of payment, place of payment, Seoul, payment date, payment date, payment date, and payee’s payment (hereinafter “instant promissory notes”) and delivered them to the Plaintiff.

B. The F died on December 19, 2018. The Defendants, as the deceased F’s heir, are the deceased’s spouse (the deceased’s spouse 3/7), Defendant D, and E. The deceased’s children (the deceased’s children 2/7).

C. In order to preserve the enforcement of the Promissory Notes Claim, the Plaintiff filed an application for provisional attachment against the Defendants’ share in real estate ownership in Mapo-gu Seoul Metropolitan Government G apartment H, which was inherited from F (Seoul Western District Court 2019Kadan57), and received a provisional attachment order on March 8, 2019.

(2) In order to register the above provisional seizure in accordance with the above provisional seizure decision, the above provisional seizure was made in subrogation of the defendants, and the defendants paid KRW 8,920,30,00, such as inheritance acquisition tax, etc.

On June 8, 2019, the Plaintiff transferred the entire amount of the Promissory Notes to the Plaintiff’s Intervenor on June 12, 2019, and notified the Defendants of the transfer of the claim by content-certified mail. On July 19, 2019, the Plaintiff transferred the entire amount of the claim due to the payment of the above inheritance acquisition tax, etc. to the Plaintiff’s Intervenor, and notified the Defendants of the transfer of the claim by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff should pay 1,301,200 won for provisional attachment and damages for delay as well as 1,301,200 won for provisional attachment of this case.

On the legitimacy of this part ex officio, the provisional seizure expense becomes the burden of the execution obligor under Articles 291 and 53(1) of the Civil Execution Act.

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