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1. The Defendant’s KRW 4,417,412 as well as the Plaintiff’s KRW 5% per annum from August 28, 2019 to September 26, 2019, and the following.
Reasons
1. Basic facts
A. On November 4, 2015, the Defendant filed a divorce and a lawsuit for division of property (hereinafter “instant lawsuit”) against the Plaintiff by the Daejeon Family Court’s official rank support 2015ddan3730.
B. On January 28, 2016, the Defendant was issued a provisional disposition order prohibiting the disposal of the instant apartment D (hereinafter “instant apartment”) with respect to Sejong Special Self-Governing City C apartment D (hereinafter “instant apartment”) owned by the Plaintiff, by setting the property division claim due to divorce by the Daejeon Family Court’s public order 2015 business group 19 as the preserved right.
C. On January 29, 2016, the Defendant received a provisional attachment order on the Plaintiff’s deposit claim amounting to KRW 45,239,145 as to the Plaintiff’s deposit claim amounting to KRW 45,239,145 (hereinafter “the provisional attachment order of this case”) by filing a claim amounting to KRW 20,000,000,000,000,000 property division claim amounting to KRW 66,00,000,000,000,000,000.
The provisional attachment ruling of this case was served on E, a third debtor, on February 3, 2016.
On August 25, 2017, regarding the instant case’s merits lawsuit, the Daejeon Family Court rendered a judgment that “the Plaintiff and the Defendant shall be divorced. The Plaintiff shall pay 251,289 won and damages for delay to the Defendant as division of property. The Defendant shall be designated as the person with parental authority and the custodian of the child. The Plaintiff shall pay the Defendant the child support amounting to KRW 400,000 per month from August 25, 2017 to the date the child reaches the age of majority.” The said judgment became final and conclusive as is.
E. On April 18, 2019, the Defendant entered KRW 8,270,669, among the claims under the provisional attachment order issued by the Daejeon District Court’s official branch office 2019TY 3361, = Property division amount of KRW 251,289, KRW 19,380, KRW 19,380, and KRW 24,000, from August 25, 2017 to April 24, 2019, in the application for a collection order for the seizure and collection order.