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(영문) 수원지방법원여주지원 2020.02.06 2019가단5644
청구이의
Text

1. The defendant's contribution to the plaintiff of Suwon District Court 2017Kadan54390 (Delivery of the main office), the name map of the building.

Reasons

1. Facts of recognition;

A. On October 6, 2016, the Plaintiff and the Defendant concluded a sales contract on real estate (hereinafter “instant real estate”) such as the Gyeonggi-gu Gyeonggi-gun, Gyeonggi-do, 744 square meters and its ground buildings (hereinafter “instant real estate”). On the grounds that the Defendant’s nonperformance of the obligation to pay the remainder was revoked.

B. The Plaintiff filed a lawsuit against the Defendant demanding the payment of the purchase price return (Counterclaim) against the Defendant, Suwon District Court Branch 2017Kadan54390 (principal lawsuit). The Defendant filed a lawsuit against the Plaintiff for the said support 2017Kadan7554 (Counterclaim).

On December 5, 2018, the above court rendered a judgment that "1. 1. Counterclaim Co., Ltd. shall deliver the instant real estate to the Plaintiff (Counterclaim Defendant) and shall pay the amount calculated at the rate of KRW 966,000 per month from October 26, 2018 to the date the delivery of the said real estate is completed. 2. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) 147,913,320 won with interest calculated at the rate of KRW 147,913,320 per annum and 5% per annum from October 25, 2018 to the date the payment is complete." The above judgment became final and conclusive as is.

(hereinafter referred to as the "final judgment of this case").

On January 21, 2019, the Defendant filed an application for a compulsory auction on the instant real estate with the Suwon District Court located in accordance with the final judgment of the instant case, and rendered a decision to commence auction on January 21, 20

(hereinafter referred to as “instant auction procedure”). D.

The Plaintiff: (a) at KRW 159,002,30, the sum of KRW 147,913,320, the Defendant’s claim under the instant final and conclusive judgment, calculated by the ratio of KRW 147,913,320, which is the Defendant’s claim under the instant final and conclusive judgment, to KRW 5% per annum from October 25, 2018 to September 20, 2019; and (b) KRW 6,706,754, which is calculated by the ratio of KRW 4,382,230, the sum of the application cost for the instant auction procedure paid by the Defendant, and KRW 159,02,30, which is the sum of KRW 4,382,230, the Plaintiff’s claim under the instant final and conclusive judgment, from October 26, 2018 to December 18, 2018; and (c) KRW 156,006,306,40.

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