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1. The Defendant’s KRW 31,50,000 and the Plaintiff’s annual rate of KRW 5% from October 9, 2018 to November 8, 2019.
Reasons
The Plaintiff filed a lawsuit against C, as this Court Decision 2013GaGa4565, claiming the return of down payment, etc., and on July 18, 2013, “C shall pay the Plaintiff KRW 31,50,000 to September 30, 2013, and if the said money is not paid, it shall be paid to the Plaintiff at the rate of 20% per annum from the date following the date of payment to the date of full payment.” The decision of recommending settlement was finalized on August 10, 2013.
At the time of the decision to recommend reconciliation, C leased the 60 million won lease deposit to the Da Co., Ltd. (hereinafter referred to as “D”) and resided in F.
On October 16, 2013, the Plaintiff, as the executive title, received a seizure and collection order under the court 2013TT2857 as to the portion corresponding to KRW 31,50,000 of the principal of the said ruling of recommending the compromise among the lease deposit repayment claims against C’s F with respect to the refund of the lease deposit against D, and the above seizure and collection order was served on C and the third debtor D around that time.
D The public auction procedure was initiated with respect to F subparagraph due to the failure to pay taxes on the revenue tax ledger, and G awarded a successful bid on September 1, 2014 and paid in full.
However, in the above public auction procedure, C participated in the dividend as a lessee and received dividends of KRW 55,414,560 out of the said money.
C disposed of the dividend by delivering the dividend amount of KRW 5,414,560 received as above to the Defendant, who is the wife, even though having been served with the Plaintiff’s seizure and collection order regarding the claim to return the lease deposit as to the above subparagraph F.
The Defendant purchased F from G, the successful bidder in F on October 1, 2014, KRW 113 billion, and completed the registration of ownership transfer as to F on October 22, 2014, and the said purchase price is from C.