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(영문) 서울중앙지방법원 2020.02.13 2019가단29936
청구이의의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Central District Court 2013ss money23583 is 15,090.

Reasons

1. Basic facts

A. On September 24, 2012, the Plaintiff entered into a sales contract with the Defendant with respect to Yangju-si Down-si (hereinafter “instant real estate”) with the purchase price of KRW 32,000,000, which was owned by the Plaintiff. The Defendant paid the purchase price to the Plaintiff around that time.

B. On October 26, 2012, the Defendant received a decision on provisional seizure of real estate against the Plaintiff on the ground that the claim for the refund of the purchase price (32,00,000 won) caused by the cancellation of the above sales contract was a preserved right.

(Seoul Central District Court 2012Kadan50425). (c)

On April 11, 2013, the Defendant filed an application for the return of real estate purchase price with the Plaintiff (Seoul Central District Court 2013 Ss. 23583), and the above court made a decision in lieu of conciliation to the effect that “the respondent (the Plaintiff) shall pay KRW 32,00,000 to the applicant (the Defendant) by June 30, 2013. If the applicant delays the payment of the said money, the Defendant made a decision in lieu of conciliation to the effect that the payment shall be made by adding 15% interest per annum from July 1, 2013 to the date of full payment.”

(hereinafter “instant compulsory adjustment decision”). The instant compulsory adjustment decision was served on June 5, 2013 on the Plaintiff and the Defendant, and became final and conclusive on June 20, 2013.

On April 22, 2016, the Defendant applied for a compulsory auction for the instant real estate according to the instant decision on compulsory adjustment, and the said court accepted the Defendant’s application and rendered a decision to commence a compulsory auction for real estate on April 25, 2016.

(F) During the above auction procedure, the District Court F, and F. (hereinafter “instant auction”). At the above auction procedure, the highest bidder rendered a decision of permission for the sale to the highest bidder on September 12, 2016, and on October 10, 2016, the highest bidder paid the sales amount in full.

E. On November 8, 2016, the Defendant reported the total amount of KRW 32,00,000 as the amount of credit, and KRW 48,122,739 as the amount of credit, and received KRW 33,032,50 as the dividend.

F. The Defendant filed a claim against the Plaintiff on April 5, 2019 = KRW 26,531,326.

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