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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. Claim 1 between the Plaintiff, etc. and C is a person who operates a mutually beneficial retail business under the trade name of “E” and the Plaintiff is a real estate indicated in attached Table 1 from around 2002 to June 2013 (hereinafter “instant store”).
(2) On March 27, 2015, the Plaintiff filed an application for a payment order of KRW 106,476,000 for credit payment against C on March 27, 2015 (hereinafter “F”), but, upon C’s filing of an objection, the Plaintiff was in compliance with the ordinary litigation procedure (Seoul District Court Decision 2015Gadan76984). On January 11, 2016, the instant case continued, “C shall pay KRW 16 million to the Plaintiff by February 29, 2016,” and the said payment recommendation was finalized as it is on January 27, 2016.
3) On February 16, 2015, I applied for an order for payment (247,353,000 won prior to 2015.1260 won for credit payment against C on February 16, 2015. At the same time, C’s ordinary legal proceedings (2015Dahap71658) have been implemented following C’s objection. On December 24, 2015, the said lawsuit was withdrawn on January 5, 2016. (B) Meanwhile, C completed the registration of ownership transfer on May 23, 197 with respect to 1/10 shares of the store of this case, with respect to the remaining shares on June 15, 200, and with respect to each of the instant real estate listed in the separate list (hereinafter “the instant real estate list”) and each of the instant real estate stated in the separate list (hereinafter “each of the instant real estate”).
2) On October 2, 2002, C had completed each registration of ownership transfer with respect to the instant store on July 17, 2012 to H, who is a birthe, and on July 3, 2012, C had completed each registration of ownership transfer with respect to the instant house. 3) A filed a lawsuit against H on July 3, 2013 to seek implementation of the registration procedure for cancellation of ownership transfer registration under the foregoing paragraph (2) (so-called the District Court Goyang branch).