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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.01.15 2014가합53155
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts of recognition ① The Plaintiff’s purchase price and settlement money claim amounting to KRW 125 million against the Defendant in Seoul Central District Court No. 2011 tea6740, 2012 tea 14928 against B based on the executory copy of the payment order in each indemnity claim case No. 201 tea 206740, 2012 tea 14928 against the Defendant in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant real estate”).

(2) On February 27, 2007, regarding the registration of the right to claim the transfer of ownership, which was completed on February 27, 2007, filed an application for the issuance of the judgment of acceptance on November 16, 2012 (hereinafter “instant seizure and collection order”) with the creditors, debtors B, third debtors, Defendant, claim amounting to KRW 131,835,346 with respect to the registration of the purchase price and liquidation amount with respect to the Defendant who is the third debtors of B, the debtor who is the debtor at the date of completion of the sale, and the execution order with respect to the registration, and the decision of acceptance on November 21, 2012 (hereinafter “instant seizure and collection order”), the above seizure and collection order had no dispute between the parties, or can be recognized by comprehensively taking into account the overall purport of pleadings as stated in the evidence Nos. 2, A, 1, and 3-1, and 2, respectively.

2. First of all, the judgment on the Plaintiff’s claim for collection amount: (a) comprehensively taking account of the following: (b) the purchase price of the instant real estate and the existence of the claim for liquidation money against the Defendant, which is the claim subject to the attachment and collection order; (c) the evidence and the evidence mentioned above; (d) Nos. 4; (e) Nos. 1 and 2; and (e) the testimony of the witness D, the Defendant sold the instant real estate to B on Nov. 2, 2005; and (e) the purchase price was KRW 50 million in total, including the secured debt in the name of the Korea Life Insurance Co., Ltd., Ltd., which is 65 million, and the lease deposit repayment obligation for the said real estate (i) KRW 100 million in total, including the secured debt in the name of the Korea Life Insurance Co., Ltd., Ltd.; and (b) agreed to substitute for the payment thereof by B on Nov. 25, 2005.

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