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수원지방법원안산지원 2016.06.24 2014가단35860
소유권이전등기말소
Text

1. Of the instant lawsuit, the part of the claim for cancellation of ownership is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On June 30, 2010, the Plaintiff: (a) around July 30, 2010, on the date of the extension of the credit to the Warsaw Group; (b) on July 30, 2010, the interest rate of 13% per annum was set at 25% per annum; and (c) borrowed KRW 1,462,00,000 per annum; and (d) gold-wheeled Construction Co., Ltd. (hereinafter “Flag Construction”) jointly and severally guaranteed the obligation to return the loan to the Plaintiff of the Warsaw Group

B. On June 27, 2011, the Plaintiff filed an application with the Suwon District Court for a payment order with the Seoul District Court Order 201j629 against the construction of Geum-wheeledon, etc., and the said court issued the payment order on the same day.

On July 19, 2011, the decision of the payment order was served on the Geum-wheeled Construction and became final and conclusive on August 3, 2011.

C. A gold Construction filed a lawsuit against B claiming the agreement amounting to KRW 650,00,00 under the agreement on the invalidation of the purchase and sale agreement as of August 1, 2002, with the Suwon District Court Decision 201Da10256, Jun. 1, 2002, for payment of the agreed amount, and the delay damages.

On June 14, 2012, the above court rendered a judgment of partial acceptance that “B shall pay to the Plaintiff 464,539,194 won with 5% interest per annum from December 30, 2003 to June 14, 2012, and 20% interest per annum from the next day to the day of full payment.”

The above judgment became final and conclusive on July 7, 2012

(hereinafter referred to as "related judgment") d.

On November 20, 2012, the Plaintiff filed an application for the seizure and collection order with respect to the claim for judgment amount pursuant to the relevant judgment of the Seoul Central District Court 2012TW, Seoul Central District Court 2012TW, and the said court rendered a ruling of acceptance on December 3, 2012.

(hereinafter “instant collection order”). The said order was served on B, a garnishee, on December 7, 2012.

E. B around November 16, 2012, with respect to the land of this case, the Defendant and hereinafter referred to as “the Defendant”) will make up for the following trade reservations:

this case on the 19th day of the same month.