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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.12.19 2013나69943
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 19, 2008, the Defendant received a provisional attachment order as to each real estate listed in the separate sheet in Suwon District Court Sung-nam Branch 2008Kadan51489 (hereinafter “instant provisional attachment”) on the following grounds: (a) on November 19, 2008, the Defendant claimed KRW 1.113,20 million against the Plaintiff (i.e., loan claim + KRW 863,200,000 + KRW 250,000,000). Accordingly, on November 20, 2008, the provisional attachment registration (hereinafter “instant provisional attachment”) was completed.

B. On February 23, 2009, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the money stated in the preceding paragraph with Suwon District Court Sung-nam Branch 2009Gahap2336, but the said court rendered a judgment dismissing the Defendant’s claim on June 9, 2010, and the said judgment became final and conclusive on June 10, 201 (Seoul High Court 201Da27172) through the appellate court (Seoul High Court 2010Na80109).

C. Meanwhile, on June 28, 2010, immediately after the judgment of the court of first instance on the lawsuit on the merits of this case was rendered, the Plaintiff filed an objection against the decision on provisional seizure of this case with Sungwon District Court Branch 2010Kadan50976, and the above court revoked the provisional seizure decision and dismissed the Defendant’s application for provisional seizure on August 16, 2010, and the above decision became final and conclusive on August 28, 2010, the above provisional seizure registration was revoked on October 20, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, 11, 14, 15, 17, 18, 19, and the purport of the whole pleadings

2. The plaintiff asserts that the cause of the claim in this case is the cause of the claim in this case, and the defendant did not have any right to preserve the plaintiff, but did not provisionally seize each real estate listed in the separate sheet, which is owned by the plaintiff, as a claim claim, and therefore, the plaintiff is liable to compensate the plaintiff for the damages caused by the execution of

As to this, the defendant is a provisional seizure of this case.

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