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(영문) 춘천지방법원원주지원 2019.11.21 2019가단53299
청구이의
Text

1. The conciliation of the Defendant’s case involving the division of inherited property in the Chuncheon District Court of 2015 Mau-500 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 29, 2015, a decision in lieu of conciliation that the Defendant received KRW 23,212,121 from the Plaintiff was made between the Plaintiff and the Defendant in the instant case involving the division of inherited property (hereinafter “instant decision”), and the said decision became final and conclusive on June 19, 2015.

B. According to the instant decision protocol, the Defendant filed an application for compulsory auction of real estate with the court E for two-thirds of the Plaintiff’s share in the instant unit of reinforced concrete structure (second class neighborhood living facilities) on the fourth floor of the concrete roof structure (second class neighborhood living facilities), and the said court rendered a decision on December 31, 2018.

C. In this case, Nonparty F, who brought a lawsuit against the Defendant, paid the Plaintiff (F) 150,000,000 won and 20% interest per annum from January 27, 2015 to April 23, 2015, to Nonparty F paid to the Plaintiff (F) 5% interest per annum, and 20% interest per annum from the next day to the day of complete payment.

5. 13. A final and conclusive date. D.

F around December 21, 2018, the F entered into a contract for the transfer and takeover of the claim to the Plaintiff, and notified the Defendant of the assignment of the claim, and the Defendant received the above notice around January 17, 2019.

E. The Plaintiff received the inheritance execution clause from F on the ground that the Plaintiff acquired the claim from F as described in the foregoing Paragraph (d).

[Reasons for Recognition] Facts without dispute, entry in Gap 1 through 6 evidence (including separate number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s monetary claim had already been extinguished, since the Plaintiff’s assertion that the Plaintiff took over from F (hereinafter “the claim of this case”) was offset against the Defendant’s monetary claim on an equal basis with the Defendant’s monetary claim under the instant decision protocol against the Plaintiff.

Therefore, the decision of this case is based on the letter of decision.

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