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1. Compulsory execution against the Defendant’s Plaintiff on November 28, 2012, based on this Court’s ruling 2012Gadan9688.
Reasons
1. Presumed facts
A. The Defendant filed a lawsuit claiming damages against the Plaintiff and the Defendant’s compulsory execution against the Plaintiff on December 8, 2010, with the Seoul Central District Court Decision 2010Gahap55380, which declared that “The Plaintiff shall pay to the Defendant KRW 200,000,000 and delay damages therefrom,” which was sentenced to a provisional execution declaration on December 8, 2010.
Based on the above judgment of the above provisional execution sentence, the defendant applied for a compulsory auction to the real estate owned by the plaintiff and received 95,100,559 won in this Court C, D (combined) real estate compulsory auction case, 27,097,351 won in the Jung-gu District Court E compulsory auction case, and 16,435,429 won in the F compulsory auction case of the Jeonju District Court.
However, on April 3, 2014, the Plaintiff filed an appeal (Seoul High Court Decision 2011Na7149) against the above provisional execution sentence judgment (Seoul High Court Decision 201Na7149), and received the judgment stating that “the first instance judgment is revoked, and the Defendant’s claim is dismissed.” The Defendant filed an appeal against the above appellate judgment (2014Da30476) but received the judgment dismissing the appeal on August 20, 2014.
B. On December 16, 2009, the Plaintiff filed a lawsuit against the Defendant seeking delivery, etc. of the building of this case by the court below as the Plaintiff’s 2009da16556, and the Plaintiff filed a lawsuit against the Defendant, and the said judgment became final and conclusive around that time by which “the Defendant delivered the building of this case to the Plaintiff, and paid rent or unjust enrichment at the rate of KRW 3,300,000 per month from February 3, 2009 to the completion date of delivery of the building” (hereinafter “judgment of the lawsuit claiming delivery, etc. of the building”).
The plaintiff is the executive title of the judgment of the claim suit against the defendant, such as delivery of buildings, and this Court C, D (combined) dividends to the real estate compulsory auction case, KRW 95,10,559.