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(영문) 서울북부지방법원 2017.03.21 2015가단50580
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 29, 2002, on the Plaintiff’s wife C, the ownership transfer registration was completed under the Plaintiff’s wife C, and the Plaintiff’s land building and the E large E-type 164 square meters (hereinafter “each of the instant real estate”) were voluntarily decided to commence the auction on July 10, 2009, upon F’s application.

B. On April 27, 2007, H completed the registration of creation of a neighboring mortgage, the maximum debt amount of which is KRW 395,500,000,000 for each of the instant real property. On November 3, 2011, the Plaintiff completed the registration of establishment of a neighboring mortgage due to the transfer of the finalized claim. The Plaintiff completed the registration of establishment of a new mortgage transfer due to the said additional registration on the ground of the transfer of the finalized claim, and completed the registration of ownership transfer due to the sale by voluntary auction on February 23, 2012.

C. The Plaintiff received dividends of KRW 395 million in the above Jung District Court G Auction. On January 10, 2012, the Defendant filed an application for provisional attachment with the Plaintiff, the garnishee, the Republic of Korea, the claim amount of KRW 132 million, and the claim amount of KRW 132 million on January 27, 2012, and issued a provisional attachment order on January 27, 2012. Accordingly, on March 6, 2012, the Defendant deposited KRW 132,036,727 in the sum of KRW 132,00 and interest KRW 36,727 in the amount of KRW 132,00,00 in the amount of KRW 20,000 and interest amount of KRW 36,727 in the appellate court of the Government District Court.

On the other hand, on July 25, 2012, the Plaintiff-type I applied for a payment order against the Plaintiff as Seoul Northern District Court 2012Da4538 (Seoul Northern District Court 201, the Seoul Northern District Court 2012; and on August 2, 2012, the payment order was finalized on August 22, 2012, that “the Plaintiff shall pay KRW 100 million to I; and on October 5, 2012, I received a claim attachment and collection order against the said deposit as Seoul Central District Court 2012TT30920 on the basis of the original payment order; and on December 14, 2012, I received a claim attachment and collection order as to the said deposit from the Seoul Central District Court 203,320,906 won; and on March 8, 2013.

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