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(영문) 창원지방법원 2016.04.21 2015가합35355
청구이의
Text

1. The defendant's decision is based on the Busan High Court (Capwon) Decision 2013Na3043 decided May 28, 2015.

Reasons

1. Facts of recognition;

A. In 2004, the Defendant received KRW 1 billion from the Plaintiffs, Nonparty E, and F if “the completion of registration of a building located in Changwon-si D, the selection of a contractor, and the second-class loan” were made.

B. The defendant against the plaintiffs and the above non-party as the court 2012Gahap6592

Although a claim for payment of the amount under the agreement was filed, the judgment against the court was rendered on August 14, 2013, and the appeal was dismissed.

[Supplementary High Court (original Court) 2013Na3043]

On May 28, 2015, the Defendant was sentenced to a full favorable judgment of the lower court that “the Plaintiff and the Nonparty shall pay KRW 250,000,000 to the Defendant,” and the Plaintiffs filed an appeal, but the said judgment of the lower court became final and conclusive by judgment on October 15, 2015.

(hereinafter “instant final judgment”) d.

On June 17, 2015, the Defendant received a decision to commence compulsory auction on the real estate owned by the Plaintiffs, based on the final judgment of this case.

(B) The defendant paid 7,00,500 won to the above compulsory auction execution cost.

E. On October 27, 2015, the Defendant received dividends of KRW 142,430,818 from the Plaintiffs in the distribution procedure of the seizure and collection order based on the final judgment of the instant case (J of Busan District Court Dong Branch Branch).

F. On November 9, 2015, the Defendant received all principal KRW 357,569,182 and enforcement expenses from the seizure procedure for corporeal movables based on the instant final judgment against the Plaintiffs (Jasan District Court Branch Branch 2015.1780).

G. On November 26, 2015, Plaintiff A deposited KRW 6,154,90,000, out of the execution expenses of the case of application for compulsory auction of the said real estate at the Busan District Court’s branch office, on the ground of the creditor’s refusal to receive the payment.

(No. 2820) h. of 2015.

On December 22, 2015, the defendant withdrawn an application for compulsory auction of the above real estate, and received a refund of 53,600 won out of the execution expenses incurred earlier.

I. The Plaintiffs are the Defendant on March 25, 2016.

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