logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.23 2015나63137
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Housing Redevelopment Association in Zone C (hereinafter “instant partnership”) acquired claims against the Plaintiff according to the final decision of the amount of each litigation cost (hereinafter “instant claims”) as shown in the attached Form.

B. D filed a lawsuit against the instant association (Seoul Central District Court 201Gahap86657), and on October 20, 2011, the court rendered a judgment that “the instant association shall pay D KRW 363 million and delay damages therefrom,” which became final and conclusive around that time.

(hereinafter referred to as “a claim based on the above judgment”). C.

The Defendant also filed a lawsuit against the instant association (Seoul Central District Court 201Kadan205673), and on May 17, 2012, the court rendered a judgment that “The instant association shall express its intention to the Defendant as to the instant claim and notify the Plaintiff of its purport.”

Accordingly, around June 2012, the instant association notified the Plaintiff of the transfer of the instant claim.

D around August 2014, around 2014, transferred KRW 22 million out of the judgment amount to the Plaintiff, and on November 27, 2014, notified the Defendant of the assignment of the claim and delivered the notification to the Defendant at that time.

On the other hand, on November 26, 2014, the Plaintiff notified the Defendant of “a set-off of the claim for the judgment amount that was acquired from D as the automatic claim” and issued the above notification to the Defendant around that time.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 9 (including virtual number), and the purport of whole pleadings

2. The parties' assertion;

A. The Plaintiff asserted that D’s claim was extinguished since D acquired the claim for judgment against the instant association by transfer, and the claim was offset by the amount on an equal basis with the instant claim.

Therefore, compulsory execution based on the claim of this case cannot be permitted.

B. The defendant's assertion that the transfer of the claim of this case was notified to the plaintiff.

arrow