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1. The Defendant’s claim against the Plaintiff for collection against Daejeon District Court Decision 2016Kadan106373 Decided March 8, 2017.
Reasons
1. Facts of recognition;
A. On June 8, 2012, the Plaintiff’s name consignment C Union (hereinafter “C Union”) purchased KRW 270,000,000 in the name of the Plaintiff and completed the registration of ownership transfer in the name of the Plaintiff on July 4, 2012.
B. On July 21, 2015, the Defendant filed a lawsuit against C Cooperatives for the payment of the cost of construction against the former District Court Decision 2015Da10044, the Defendant was sentenced to the judgment that “the Defendant (C) shall pay to the Plaintiff (the Defendant of this case) the amount of KRW 128,440,00 and the amount equivalent to 20% per annum from April 9, 2015 to the date of complete payment.” The above judgment became final and conclusive around that time. (2) On November 19, 2015, the Defendant received a collection order from the Daejeon District Court Branch of Hongsung Branch of the Daejeon District Court 2015Mo318 on November 19, 2015 (hereinafter “C Association”) equivalent to the purchase price claim against the Plaintiff related to the land of the said Association (hereinafter “the claim of this case”) and received the collection order from the Plaintiff (hereinafter “14,136,16,130 and 15,100”).”
3) The Defendant filed a lawsuit against the Plaintiff under the Daejeon District Court’s 2016Gadan106373 against the Plaintiff according to the first collection order. On March 8, 2017, the said court held that the claim of this case remains at KRW 270,000,000 (i.e., purchased claim amounting to KRW 270,000,000- loaned claim amounting to KRW 70,000), and that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Plaintiff of this case) the amount of KRW 144,186,360 and the amount of KRW 15% per annum from June 17, 2016 to the date of full payment (hereinafter “subject judgment”).
(4) The Plaintiff filed an appeal (Seoul District Court 2017Na103496), but the judgment dismissing the appeal was rendered on September 22, 2017, and the Plaintiff’s appeal was dismissed on February 14, 2019 (Supreme Court Decision 2017Da274703).
(c) third parties;