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(영문) 의정부지방법원 2018.05.29 2017가단124051
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed a claim for reimbursement against B with the Seoul Central District Court 2005 Ghana1950108.

On November 1, 2005, the decision of performance recommendation was confirmed as follows.

B shall pay to the Defendant 28,960,473 won and 17,505,983 won and 17,505,983 won, jointly and severally, with D, E, and Seocho-gu Co., Ltd., at the rate of 17% per annum from June 28, 1994 to the day of full payment.

B. On August 5, 1992, the Defendant completed a provisional attachment against the 1,098 square meters (hereinafter “instant real estate”) at the Government-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si.

C. B completed the registration of ownership transfer under the Plaintiff’s name on March 8, 2005 on the ground of sale and purchase on February 7, 2005.

On December 23, 2015, on the instant real estate upon the Defendant’s request, the High Government District Court rendered a decision to commence compulsory auction (F).

Accordingly, the provisional seizure of the defendant was implemented as the seizure.

E. On July 19, 2016, when the procedure for compulsory auction following the compulsory auction decision was in progress, the Plaintiff submitted to the Defendant a written request for cancellation of legal measures (Evidence No. 4) with the following contents, and paid KRW 39,201,736 to the Defendant.

I would like to pay 39,201,736 won, 3,093,990 won to the owner of the real estate of this case. I would like to withdraw the auction and cancel the provisional seizure of the real estate.

However, due to the circumstances of the principal, repayment of KRW 39,201,736 on the first day of the date of the auction and the costs of the auction request will be repaid separately after the next, so that the auction court may request the auction to postpone the auction date of the above auction case within the extent permitted separately. If the above contents are not fulfilled, you will not raise any objection even if you continue the auction, and you will also waive the additional legal measures on the real estate and raise any civil or criminal objection against them.

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