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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 28, 2018, based on the executory exemplification of the judgment in the case of Busan District Court Decision 2018TTY 2018TTTT 10519 and Busan District Court 2016TT 104660, the Plaintiff: (a) against C, the Defendant of C, based on the purchase price claim under the purchase and sale contract for D major 1290 square meters and its ground buildings (hereinafter “instant sale and sale contract”); (b) KRW 369,321,916, out of the purchase price claim under the above judgment (i.e., principal amount of KRW 310,000,000,000 and interest or delay damages from June 14, 2016 to December 17, 2018); and (c) the claim attachment and collection order were served on the Defendant around January 3, 2019.
B. Meanwhile, on August 24, 2016, C and the Defendant sold the above land and buildings in KRW 2,450,000,000, and the down payment of KRW 250,000,000 was paid as of September 8, 2016 respectively at the time of the contract, and the value-added tax on the building portion was imposed on the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 7, the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of 369,321,916 won collected and the amount of 310,000,000 won equivalent to the principal of the collected amount, unless there are special circumstances.
B. The Defendant’s assertion regarding the Defendant’s assertion argues that the collection claim had already been extinguished by paying all the purchase price pursuant to the instant sales contract to C before receiving a collection order prior to the issuance of the above seizure and collection order. Accordingly, according to the overall purport of the pleadings in accordance with the instant sales contract, the Defendant’s entire purport is as follows: (a) as indicated in the following sales contract to C on August 25, 2016; (b) the down payment amount of KRW 250,000,000; and (c) the balance of KRW 2,200,000,000,000,000 on September 8, 2016; and (d) the remainder of KRW 8,200,000,000,000.