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(영문) 인천지방법원 2020.06.18 2020가단201711
추심금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 11, 2017, the Plaintiffs received a provisional attachment order ( Daejeon District Court 2017Kadan3331) on the I building H located in Nam-gu, Incheon Metropolitan City as a preserved right for the loans extended to G (total of KRW 50 million) from August 11, 2017.

B. The Defendant filed an application for adjudication on expropriation of the said real estate with the Regional Land Expropriation Committee of Incheon Metropolitan City, which did not reach an agreement to acquire ownership of the I building L and H located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City (hereinafter “instant real estate”).

On September 25, 2019, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation by determining the commencement date of expropriation on November 19, 2019 for each real estate in this case.

C. On October 30, 2019, the Defendant deposited the full amount of KRW 242,60,000 for compensation as G with the Incheon District Court No. 20981, pursuant to Article 40(2)4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 248(1) of the Civil Execution Act, on the ground that “the seizure and collection order was served by subrogation against a part of compensation by the M Association.”

The Plaintiffs received a provisional attachment decision (Segi District Court 2019Kadan3211) on G’s claim for compensation for losses against G as the preserved right (total amount of KRW 77,986,290) against G. The said provisional attachment decision reached the Defendant on November 11, 2019.

E. The Plaintiffs filed a lawsuit against G to obtain a favorable judgment (the Daejeon District Court 2019Da10085) and accordingly received the seizure and collection order (the Daejeon District Court 2019Da10085) that transferred the provisional seizure to the main seizure.

On December 18, 2019, the above order of seizure and collection reaches the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 7 (including paper numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The claims for judgment are seized and.

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