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(영문) 창원지방법원진주지원 2016.05.17 2015가단36309
청구이의
Text

1. It is based on the judgment in the case No. 2003Gadan789 delivered on August 8, 2003 against the defendant's defendant's defendant's Jinwon District Court Branch for the plaintiff.

Reasons

1. Basic facts

A. On July 5, 1997, the Defendant leased KRW 50,000,00 to the Plaintiff on July 5, 1998, with the due date set at July 5, 1998. However, only KRW 10,00,000 out of the leased principal was repaid.

B. On August 8, 2003, the defendant filed a loan claim lawsuit with Jinwon District Court Decision 2003Kadan789, and on August 8, 2003, the defendant paid the amount of KRW 40,541,66, and KRW 40,00,000 per annum from March 5, 1998 to the date of full payment (hereinafter "the judgment of this case") with 25% interest per annum from the above court. The above judgment became final and conclusive at that time.

C. According to the judgment of this case, the Defendant filed an application for a seizure and collection order as to the Plaintiff’s claim for the refund of the lease deposit against the Korea National Housing Corporation (hereinafter “the instant apartment”) with the Jinwon District Court Jinwon Branch 2008TTTTT1017, Jinju-si, c apartment 305 Dong 307 (hereinafter “the instant apartment”). On May 1, 2008, the Defendant received a seizure and collection order from the above court (hereinafter “the instant order for seizure and collection”).

On October 6, 2010, the Defendant filed a lawsuit against the Korea Land and Housing Corporation and the Defendant for refund of the above rental deposit, etc. with the Changwon District Court Jinwon District Court Decision 2009Kadan17635, which rendered a judgment that “the Plaintiff shall deliver the apartment of this case to the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation shall pay the Defendant a rental deposit of KRW 16,208,00 at the same time as the said apartment is delivered from the Plaintiff.”

E. Around 2010, the Defendant: (a) received KRW 10,000,000 from the Plaintiff; (b) drafted the following agreements (hereinafter “instant agreement”); (c) received KRW 5,00,000 from the Plaintiff on November 6, 2010; and (d) received KRW 5,000,000 from the Plaintiff on February 28, 201; and (c) submitted an application for revocation of the instant application for the seizure and collection order on February 28, 201.

A(A) 305 Dong 307.

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