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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) filed a lawsuit against B against the Seoul Central District Court No. 2012 Ghana312718. On November 15, 2012, the said court rendered a judgment by public notice that “the Defendant shall pay to the Plaintiff 29,210,287 won and 7,300,556 won per annum with 20% interest per annum from January 19, 2012 to the day of full payment.”
B. B died on January 28, 2013, and C, D, E, Plaintiff, and F, their children, renounced inheritance, and G, their spouse, reported qualified acceptance.
C. G, a litigation taking-off of B, is the above A.
On April 3, 2014, G filed an appeal as Seoul Central District Court 2014Na16554, and G died on April 3, 2014.
Of G’s successors, C, D, E, and F renounced inheritance, and the Plaintiff reported qualified acceptance.
E. The Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the Defendant was appointed as the trustee in bankruptcy on the same day.
F. On December 18, 2014, the appellate court rendered a ruling that “the Defendant shall pay to the Plaintiff 29,210,287 won and the amount of KRW 7,300,556 annually 20% from January 20, 2012 to the day of full payment, the net G shall be inherited from the network B, and the Defendant shall again pay the amount within the limit of the property inherited from the network G.”
G. The Plaintiff filed an appeal against the foregoing judgment by Supreme Court Decision 2015Da6616, and the said court rendered a judgment dismissing the appeal on May 14, 2015.
H. According to the above Seoul Central District Court Decision 2014Na16554, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff as H by the Seoul Eastern District Court.
(i) On March 8, 2017, the Plaintiff deposited KRW 73,058,201 with the Defendant as the principal deposit, as Seoul Central District Court No. 4959, a sum of KRW 73,058,201, based on the said final judgment.