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(영문) 수원지방법원성남지원 2016.06.24 2015가단228101
건물명도
Text

1. The defendant shall receive KRW 100,000,00 from C at the same time, and deliver C the buildings listed in the attached list to C.

Reasons

1. Facts of recognition;

A. On August 8, 2013, the Plaintiff acquired the claim of KRW 50,000,000 against D against D’s Defendant (hereinafter “instant acquisition amount”), and around that time, D notified the Defendant.

B. The Plaintiff filed an application against the Defendant for provisional attachment of KRW 50,000,000, out of the lease deposit amount of KRW 150,000,000 as to the building in the separate sheet (hereinafter “the instant building”) that the Defendant would be refunded from C as the preserved right, and received a decision on the provisional attachment of the relevant claim on September 2, 2013.

(C) Sungnam District Court 2013Kadan3781.

On April 9, 2014, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the instant transfer amount, and was sentenced to a favorable judgment of the Plaintiff that “the Defendant shall pay the Plaintiff KRW 50,000,000 and an amount at the rate of 20% per annum from April 9, 2014 to the date of full payment.”

(Y) The defendant appealed, but on November 26, 2014, the judgment dismissing the appeal was rendered (Uwon District Court 2014Na16231), and the above plaintiff's winning judgment became final and conclusive around that time.

On May 19, 2014, the Plaintiff filed an application with the Defendant for a seizure and collection order against the Defendant’s claim of KRW 50,000,000, out of the lease deposit of this case against the Defendant’s Defendant C as the executive title, and on May 19, 2014, the provisional seizure against the claim of KRW 50,00,000, out of the lease deposit of this case between the Plaintiff and the Defendant based on the provisional seizure order of claim between the Suwon District Court and Sungnam Branch 2013Kadan3781, is transferred to the seizure

2. C shall not pay to the Defendant the above claim.

3. The defendant shall not be allowed to dispose of or receive the above claim.

4. The above-mentioned claims may be collected by the creditor.

"Seowon District Court Order 2014TTTT 6451, and around that time.

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