(영문) 대전지방법원 2016.12.16 2015가단44936

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(영문) 대전지방법원 2016.12.16 2015가단44936

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has a claim for KRW 310,000,000 based on the Daejeon High Court Decision 2013Na5402 Decided December 31, 2014 and damages for delay against Nonparty D.

B. The Plaintiff’s above high court’s judgment is the executive title, and the obligor D, the garnishee, the Defendant, the seizure, and the collection obligation: around December 2006, the obligor purchased from the garnishee to make a full payment of the land price and reserved the registration of ownership transfer, the Plaintiff filed an application for the seizure and collection order, stating the amount of money up to KRW 520,834,235 of the claimed amount among the claims to be paid by the third party to the obligor under an agreement that the third party shall pay the full amount of the compensation to be received from the project implementer when the land is expropriated in the future. On October 8, 2015, the Daejeon District Court issued the order of seizure and collection (hereinafter “order of seizure and collection of this case”) with the claim and collection order (hereinafter “order of seizure and collection”). On October 8, 2015, the seizure and collection order of this case was served on the Defendant.

C. The instant land was recently accepted in the Korea Land and Housing Corporation, and the amount of compensation to be paid by the Korea Land and Housing Corporation to the Defendant is KRW 326,124,300.

The Intervenor joining the Defendant and D are married couples.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4 (including branch numbers), fact inquiry results against the Korea Land and Housing Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that D purchased the instant land, and that the defendant, the seller, agreed to pay D compensation in the event of expropriation of the instant land. Thus, the defendant is obligated to pay the above compensation to D, the seizure and collection creditor.

As to this, the Defendant purchased the instant land is the Intervenor joining the Defendant (hereinafter “C”), D.

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