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(영문) 수원지방법원안산지원 2020.01.10 2019가단64047
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. F’s claim for payment of deposit money to the Republic of Korea 1) On November 30, 2006, the Plaintiff: (a) on November 30, 2006, GJ 217.2m2m2 and its ground (hereinafter collectively referred to as “instant real estate”); and (b) on the above ground buildings, the Plaintiff is the instant building.

(2) On May 23, 2013, the Plaintiff filed a lawsuit claiming ownership transfer registration with respect to F, which was based on the sale and purchase of the instant real estate, with the Suwon District Court Branch Decision 2012Gahap4531, Jun. 23, 2013, and was rendered a favorable judgment.

On January 8, 2014, F appealed as Seoul High Court 2013Na37007, and the above court rendered a judgment that “F shall receive KRW 338,000,000 from the Plaintiff, and at the same time, upon receiving payment from the Plaintiff, F shall implement the procedure for ownership transfer registration for the instant real estate on November 30, 2016.”

F The appeal was filed by Supreme Court Decision 2014Da10489 against the above appellate judgment, but the F was sentenced to the dismissal of the appeal on May 19, 2014.

3) On July 3, 2014, the Plaintiff deposited KRW 338,000,000 according to the above judgment with F as the principal deposit, for the reasons of the F’s refusal to receive the payment (F’s claim for payment of the deposited money) from the Suwon District Court Branch of Suwon District Court as the principal deposit amounting to KRW 2014,1953 (F’s claim for payment of the deposited money).

(B) B. Defendant B applied for a payment order against F to the effect that “Defendant B lent KRW 50,000,000 to F on September 7, 2010” was issued on February 5, 2014, and the said order was served on F and became final and conclusive on February 25, 2014 upon receipt of the order.

Defendant B, based on the F’s executory payment order authentic against F, applied for the attachment and assignment order of the F’s claim for the payment of the instant deposit amount of KRW 54,937,628 as the above court’s claim amount under 2014TT 11095, and applied for the attachment and assignment order of the claim amount of KRW 54,937,628.

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