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(영문) 대구지방법원 2016.01.28 2015가합203770
공탁금출급청구권확인
Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. Busan District Court 204Kahap24260 decided April 7, 2005 that "the court rendered a judgment that "the plaintiff shall pay to the plaintiff 40 million won jointly and severally for the main business and B, 562,961,722 won for the main business, and 20% interest per annum for each of the above amounts from February 25, 2005 to the date of full payment."

The above judgment was finalized on May 1, 2005.

(A) Evidence 2. (b)

B A died around 2009, and C, D, and E, their children, have renounced inheritance, and A, their spouse, had qualified acceptance.

C. On July 20, 2012, the Plaintiff, who received the above claim from Busan 2 Mutual Savings Bank, filed a lawsuit for ownership transfer registration with the Daegu District Court 2012Kadan14972 on behalf of the Plaintiff for the main business. On July 20, 2012, the court rendered a judgment that “A shall receive ownership transfer registration procedures based on the provisional registration completed on October 10, 1986 with the Daegu District Court, Youngcheon District Court 206, Youngcheon-si Office 12063 square meters on October 10, 1986 on the ground of the provisional registration completed on October 7, 1986 on the ground of the cancellation of trust and completed the provisional registration procedure on July 16, 198 on the ground of the cancellation of ownership transfer registration on the Daegu 9Kadan5160,510, Daegu 982 square meters on the ground of the provisional registration on October 16, 198.”

The above judgment became final and conclusive around that time.

(A) No. 3. D.

On November 18, 2014, the Plaintiff was issued a collection order for the seizure and collection of the claim amounting to KRW 205,617,866 with the debtor A, the third debtor border-do, the claim amounting to KRW 205,617,862 by the Daegu District Court 2014TTTTTT 201. The decision was served on the third debtor border-do on November 20, 2014.

(A) Nos. 4, 7, e.

The plaintiff is the Daegu District Court on December 3, 2014.

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