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(영문) 광주지방법원 2019.07.26 2018가단25859
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the judgment of the Gwangju District Court on January 9, 2018.

Reasons

In full view of the purport of the arguments stated in Gap evidence 1 through 4, the defendant filed a lawsuit for purchase price claim against the plaintiff on January 9, 2018 by the Gwangju District Court 2017Da4972, "the plaintiff shall pay 5% per annum from February 1, 2017 to January 9, 2018 and 15% per annum from the next day to the full payment date to January 4, 2018" (hereinafter "the final judgment of this case"), and the above judgment became final and conclusive (hereinafter "the final judgment of this case"), and the defendant filed an application for a compulsory auction of real estate with the defendant on the title of execution of the judgment of this case with the Gwangju District Court 40,000,000,000 won per annum 180,000,000 won per annum 90,000 won per annum 180,000 won per annum from the defendant's creditor, Gwangju District Court 200,9708.

According to the above facts of recognition, the plaintiff shall be deemed to have paid all the money under the final judgment of this case to the defendant, so compulsory execution with the final judgment of this case as executive title is no longer permitted.

It is so decided as per Disposition.

Although the Defendant asserts to the effect that the provisional attachment order of claim No. 2018Kadan1884 was improper, it should be disputed in the objection or revocation procedure of the provisional attachment, and the conclusion of this case.

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