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(영문) 서울서부지방법원 2014.10.30 2014나3058
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

On May 16, 2012, the Seoul Western District Court against the plaintiffs.

Reasons

1. Under the underlying facts, the facts are either in dispute between the parties or in accordance with the evidence Nos. 1, 3-1, 3-4, 1-1, 2-1, 1-2, and the whole purport of the pleadings. A.

The defendant is a creditor of a loan against D.

(A) On July 16, 2010, the Defendant filed a loan claim lawsuit against D as the Daegu District Court Decision 2010Kadan45651, and was sentenced by the above court on February 9, 201, that “D shall pay to the Defendant the amount calculated at the rate of 30% per annum from May 24, 2009 to the date of full payment with respect to KRW 20 million, and from January 19, 201 to the date of full payment with respect to KRW 12 million, the Defendant paid the amount calculated at the rate of 30% per annum from January 19, 2010 to the date of full payment with each other.”

B. D leased from the Plaintiffs in 2009 the Eunpyeong-gu Seoul H apartment 10 Dong 1307 (hereinafter “instant apartment”) owned by the Plaintiffs. Based on the above loan claims, the Defendant was issued a provisional attachment order (the claimed amount of KRW 32,000,000) with the Daegu District Court 2010Kadan8000 on September 2, 2010 on the claim for the refund of the lease deposit against the Plaintiffs.

Since then, on March 9, 2011, the Defendant: (a) transferred the instant provisional seizure order to the Daegu District Court 201TTTT4287; (b) additionally seized KRW 14,465,752; and (c) additionally, seized KRW 46,465,752 in total (=32,00,00 + KRW 14,465,752 + KRW 14,752).

The above order of seizure and collection was served on March 11, 201 on the plaintiffs.

C. Based on the above collection order, the Defendant filed a lawsuit against the Plaintiffs on September 18, 201 against Seoul Western District Court 201Gadan57305, which was the Seoul Western District Court. On May 16, 2012, the said court rendered a judgment on May 16, 2012 that “The Plaintiff would deliver the instant building from D and simultaneously pay KRW 23,232,876 (=46,465,752 x 1/2) to the Defendant,” and the said judgment became final and conclusive between the Plaintiffs and the Defendant around that time.

The above judgment (hereinafter referred to as “instant final judgment”) is called the “final judgment.”

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