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1. Seoul Central District Court Decision 2014Kahap506282 decided March 19, 2015 (main office) against the Defendant’s Plaintiff.
Reasons
Facts of recognition
The judgment final and conclusive defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2014Gahap506282, and the plaintiff filed a counterclaim against the defendant to pay the lease deposit and damages (Seoul Central District Court 2014Gahap506299) during the course of the lawsuit.
On March 19, 2015, the above court rendered a judgment to fully accept the Defendant’s claim on the principal lawsuit and to entirely dismiss the Plaintiff’s counterclaim (hereinafter “instant judgment”).
The text of the instant judgment is as follows.
1. The plaintiff is the defendant:
A. The Seocho-gu Seoul Metropolitan Government (hereinafter “the instant real estate”) No. 702, supra, delivers the instant real estate;
B. (1) 26,80,000 won and its related amounts are 5% per annum from February 4, 2015 to February 25, 2015; 20% per annum from the next day to the date of full payment; and 2) from February 4, 2015 to the date of full payment.
The rate of KRW 2,340,000 per month shall be paid until the completion date of delivery of the apartment as described in the paragraph.
2. The plaintiff's counterclaim is dismissed.
Although the Plaintiff appealed against the above judgment (Seoul High Court 2015Na2018235, 2018242)), the appellate court dismissed all the Plaintiff’s appeal and the claim for counterclaim extended in the appellate court on December 3, 2015.
The Plaintiff re-appealed [Supreme Court Decision 2016Da20187, 20194 (Counterclaim)], and on April 12, 2016, the decision was finalized on April 25, 2016.
On May 18, 2015, the Defendant, based on the provisional execution order of the instant judgment, carried out compulsory execution on the instant real estate as Seoul Central District Court 2015No1645. On November 17, 2015, the Seoul Central District Court D rendered a decision that “The amount of expenses to be reimbursed by the Plaintiff to the Defendant regarding the instant real estate delivery execution is KRW 2,408,550.”
Plaintiff
The defendant shall request each auction of the owned real estate on September 19, 2016.