beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of transfer of ownership on June 10, 2010, with respect to the farmland area of 7000 square meters (hereinafter “instant real estate”) in Gyeyang-gu, Suwon-gu, Yangwon-gun (hereinafter “instant real estate”).
B. (1) In order to preserve the monetary claim against the Plaintiff (the claimed amount of eight million won), the Defendant filed an application for provisional seizure of the instant real estate with Suwon District Court Branch Branching 2013Kadan113 (the instant real estate) on July 15, 2013, the said court rendered a provisional seizure order on July 15, 2013, and the provisional seizure registration was completed on July 15, 2013.
(2) The provisional seizure of this case was revoked on September 16, 2013, when the Plaintiff deposited KRW 8 million of the claim amount of the provisional seizure of this case as the head of Suwon District Court Branch Branch in 2013, and applied for the revocation of provisional seizure due to deposit in the marine bank deposit (hereinafter “the deposit of this case”) as to the provisional seizure of this case (hereinafter “the provisional seizure of this case”). The provisional seizure of this case was revoked on September 16, 2013.
C. Meanwhile, the Defendant filed a lawsuit against the Plaintiff on the assumption of obligation with the Suwon District Court Branch Branch Branching 2014Kadan3155, and the said court rendered a judgment with a declaration of provisional execution (hereinafter “instant judgment”) that “the Plaintiff shall pay to the Defendant the amount of KRW 8 million and the amount calculated at the rate of KRW 20% per annum from February 20, 2014 to the date of full payment.” On October 1, 2014, the Defendant filed an appeal under Suwon District Court Order 2014Na43158 against the instant judgment.
(1) On February 17, 2015, the above court issued a seizure and collection order as to the Plaintiff’s right to claim the collection of the deposit of this case against the Republic of Korea as the Chuncheon District Court 2015TB602, based on the original copy of the judgment of this case, to collect the amount of claim 95,921,450 won (i.e., the principal amount of KRW 8 million delay damages, etc.) (i., KRW 15,921,450). The above court issued a seizure and collection order on February 23, 2015.