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(영문) 수원지방법원 2016.02.04 2015가단43000
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by the Suwon District Court Decision 2013Da56044 decided June 17, 2014.

Reasons

1. Facts of recognition;

A. On September 3, 2012, the Defendant entered into a contract to establish a right to lease on a deposit basis as indicated below with respect to the part of the building listed in the attached list owned by the Plaintiff (hereinafter “instant building”), and accordingly, registered four of the right to lease on a deposit basis as follows.

(2) Each of the instant chonsegwon established on September 4, 2012 is collectively referred to as “each of the instant chonsegwon” and, individually, referred to as “each of the instant chonsegwon”). The amount of chonsegwon established on September 4, 2012 shall be 120,00,000,000 term of existence 120,000,000,000,000 on September 22, 2013. 20,000,000,000 on September 4, 2012, 25160 square meters on the right-hand (Northwest) among the two floors received on September 390, 200,000,000 on September 4, 2012, the left-hand (Northwest) of 31,000 square meters on September 23, 2013; and the left-hand (Northwest 52,94,94.4, 205.205.4) on September 24, 2013

On June 17, 2014, the Plaintiff filed a lawsuit against the Defendant for the return of KRW 20 million based on the lease on a deposit basis (U.S. district court 2013da56044), among the instant lease on a deposit basis (hereinafter “instant judgment”), and rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 20 million and interest calculated at the rate of KRW 20% per annum from October 24, 2013 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

C. After that, a voluntary auction procedure (C) commenced with respect to the instant building and its site, and in the above auction case, the Defendant asserted against the Plaintiff the claim for the refund of the deposit amount of KRW 220 million based on each of the instant chonsegwon and participated in the distribution of dividends.

In the dividend procedure above, the defendant received KRW 143,249,88 on April 25, 2014, and KRW 76,936,140 on July 14, 2014, respectively.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the defendant, in the above auction procedure against the building of this case, KRW 220,071,392.

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