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(영문) 서울남부지방법원 2016.05.13 2016나50592
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

A. The Plaintiff filed an application with B for a seizure and collection order with the title of execution of the instant case, including the Seoul Southern District Court 2014Gau43579 service charges, etc., which was obtained against B, on July 4, 2014, for a claim attachment and collection order with the executory title. The Plaintiff’s claim for the site usage fee (hereinafter “instant land”) that B and the third obligor as the Defendant is holding against the Defendant as the Defendant under the Goyang-gu Seoul Guro District Court 2014Gau31142, where B owns the share of 48.21/4314.2 (hereinafter “instant land”).

3) On the ground, the Defendant’s building at the Social Welfare Center (hereinafter “Welfare Center”).

(B) by newly building and owning B, received a collection order against B, from January 1, 1988 to December 31, 2024, for 37 years from January 31, 2024, 1/3 of the instant land usage fee claim of KRW 5,532,400, the amount of KRW 1/3 of which is KRW 1,659,70).

The above order of seizure and collection was served on the defendant, who is the garnishee, and became final and conclusive at that time.

B. On July 23, 2014, the Plaintiff filed an application with the Seoul Southern District Court 2014 Ghana43579 (hereinafter “Seoul Southern District Court”) for the issuance of a seizure and collection order with the executory power of the instant case, including service costs, etc. against D and E, and received a collection order against D, E, and C, with the obligor as the Defendant under Seoul Southern District Court 2014TTT12781, Jul. 23, 2014 (D, E, and each of the instant land owned shares 59.2/4314.2), and owned the instant welfare center by the Defendant on the instant land owned by D and E, with the ownership of the instant welfare center from January 1, 198 to December 31, 2024 each of the instant land usage fees claims of 6,793,600 won, 1203, 2038, and 13038).

The above order of seizure and collection was served on the defendant, who is the garnishee, and became final and conclusive at that time.

C. The land of this case and its neighboring land, Guro-gu Seoul Metropolitan Government, is the Fluxulation of 41,946.9 square meters (hereinafter “Adjoining land”).

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