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(영문) 서울중앙지방법원 2018.09.04 2017가단106174
약정금등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The instant building with the wife population C, 153 square meters and above-ground buildings (hereinafter “each of the instant real estate”) were owned by the Defendant and D in proportion to 2/3 shares and 1/3 shares. On June 2, 2011, the compulsory auction procedure for the instant real estate, among the instant real estate, was initiated on June 2, 201, and the Plaintiff was awarded a bid on February 28, 2013.

B. On the ground that the Defendant solely occupies and uses the instant real estate, the Plaintiff filed a lawsuit against the Defendant on September 2014 against the Seoul Central District Court 2014Da236906, which was equivalent to the rent for the portion of 1/3 shares in the instant real estate, and on January 14, 2015, the Defendant paid KRW 45,000,000 to the Plaintiff until March 31, 2015. At the same time, the Plaintiff received the said KRW 45,00,000 from the Defendant and performed the registration procedure for transfer of ownership on the portion of 1/3 shares in the instant real estate as of January 14, 2015. The Defendant paid KRW 30,000,000 to the Plaintiff as compensation for the sole use of the instant real estate.”

C. On June 30, 2015, the Defendant paid the Plaintiff KRW 30,000,000, and deposited KRW 45,000,000 on August 21, 2015. On August 24, 2015, the Defendant completed the registration of ownership transfer on the Plaintiff’s share among the instant real estate due to the said conciliation.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 5 and 8, and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. On March 31, 2015, the summary of the Plaintiff’s assertion that the Plaintiff was unable to pay the adjusted amount even after March 31, 2015, and the Defendant became aware of the fact that the establishment registration was completed regarding the Defendant’s share out of the instant real estate while preparing compulsory execution based on the conciliation protocol

The plaintiff tried to file a complaint against the defendant as a crime of evading compulsory execution, and the defendant shall pay the adjusted amount plus interest.

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