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(영문) 서울고등법원(춘천) 2019.10.23 2018나1785
제3자이의
Text

1. Revocation of the first instance judgment.

2. The defendant's defendant's defendant's monthly branch court of Chuncheon District Court (Skcheon District Court of 2017.

Reasons

1. Basic facts

A. The Defendant’s payment order for C Co., Ltd. 1) alleged to the effect that “A Co., Ltd. (hereinafter “C”) on February 23, 2009 (the name D prior to the opening of the name) was unable to receive payment of KRW 348,88 million due to the due date set at 5% per annum of interest on April 30, 2009,” and on March 10, 2017, the Defendant filed an application for the payment order for KRW 3488,800,000 with the Chuncheon District Court for the payment order for KRW 3488,880,000 and the interest or delay damages due to the aforementioned payment order for March 15, 2017 (hereinafter “instant payment order”). The said court ordered the payment of the said money on March 15, 2017.

(2) The payment order was served to C on March 21, 2017, but it became final and conclusive as it did not raise any objection.

B. On August 2006, C shall be deemed as “the instant land” with land of 2,112 square meters and 112 square meters in size in Gangnam-gun, Gangwon-gun, Gangwon-do, and F, Gangwon-do (hereinafter “instant land”).

(2) On August 31, 2006, C purchased the instant land in order to remove a fish tank, warehouse, house, etc., which existed on the ground and construct a new hotel building on the above land. (3) On the same day, C completed the registration of ownership transfer on the instant land under its own name, and completed the registration of ownership transfer on the same day to G Co., Ltd. (hereinafter “G”).

3) C around September 2006, in order to construct a hotel building on the instant land, H Co., Ltd. (hereinafter “H”)

4) On October 12, 2010, G sold this case’s land to I Co., Ltd. (hereinafter “I”) on October 24, 2010, when H started the construction of a new hotel building around that time, and around October 24, 201, H suspended the construction of a new hotel building on the ground of the fourth floor and the tenth floor above, and around October 24, 2010.

The instant land was sold to the Plaintiff.

G shall be December 24, 2010.

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