(영문) 수원지방법원 2016.07.21 2015가단128031

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(영문) 수원지방법원 2016.07.21 2015가단128031

청구이의

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1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court, August 2015.

Reasons

1. Basic facts

A. On September 25, 2008, the Defendant rendered a judgment to the effect that “the Plaintiff shall pay to the Defendant 19,142,914 won and the amount of KRW 9,575,405 per annum from March 17, 2008 to the date of full payment” that “the Plaintiff shall pay to the Defendant 17% interest per annum from March 17, 2008 to the date of full payment” that the Defendant filed against the Plaintiff for the acquisition of the claim against the Plaintiff.

B. On December 4, 2013, the Plaintiff recognized that the Plaintiff’s principal and interest obligation owed to the Defendant up to the time was KRW 22,637,283,00. Of them, if the Plaintiff repaid KRW 4,047,180, the Defendant made an agreement with respect to debt settlement (hereinafter “instant agreement”) with the content that the Plaintiff does not claim the remaining obligations to the Plaintiff, and the terms of “the approval of obligations, the request for re-resolution, and the confirmation form (temporary repayment)” prepared at the time include the following:

In addition to the property reported by the principal and the person related to the obligation prior to the request for debt approval and conciliation, if the property (if the person related to the obligation agrees to pay only the guarantee or the inheritance obligation, the property of the person related to the obligation), which has not been reported, is found, the content of the debt settlement shall lose its validity, and the amount obtained by deducting the amount of the debt paid after the debt settlement from the total amount of the debt incurred by the principal shall be immediately repaid, and if not repaid, no objection shall be raised in the exercise of the obligation of the

The plaintiff paid the above KRW 4,047,180 to the defendant around that time, and was exempted from the remaining debt.

C. On December 31, 2013, the date of the instant debt settlement agreement, the Plaintiff completed the registration of ownership transfer based on inheritance on November 15, 2013, with respect to shares of 3/5 of No. 411 and No. 304 (hereinafter “instant real estate”).

The defendant acquired the real estate of this case at the time of the debt settlement agreement of this case.

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