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(영문) 서울중앙지방법원 2019.07.19 2018가합550140
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Plaintiff C’s claim 1) The Plaintiff and C were married on July 6, 1989, but agreed on the divorce on January 31, 2013, and reported the divorce on March 28, 2013. The Plaintiff and C reported the divorce on March 28, 2013. As a result, the division of property between C and C, the Seoul Gangnam-gu apartment E (hereinafter “instant apartment”).

) The ownership of the apartment is transferred and the agreement is reached between the parties to the agreement, but C does not implement it and instead, C brought a lawsuit seeking implementation of the procedure for the registration of ownership transfer and compensation for damages with respect to the apartment in question (Seoul Central District Court 2015Gahap1484, hereinafter referred to as “relevant case”) on the ground that the said apartment in question suffered damages by establishing the right to collateral security.

(2) On December 20, 2016, the court of the second instance rendered a judgment in favor of the Plaintiff ordering “C shall pay the Plaintiff the amount of KRW 1,283,660,000 and the amount of delay damages incurred therefrom” on December 20, 2016, which is the first instance court of the second instance (Seoul High Court 2016Na2040390).

On January 7, 2017, the above judgment became final and conclusive as it was without filing an appeal by the parties.

(A) Evidence No. 8.b.

Between C and the Defendant, on March 28, 2013 and November 2017, when the Plaintiff and C reported a divorce, and C transferred the sum of KRW 1,282,525,852 to the Defendant as indicated below (i.e., KRW 642,904,230, ② KRW 247,743,737, ③ KRW 48,877,85, ④ KRW 343,00,00 for the same period, and the Defendant remitted the sum of KRW 40,00 to C (=1).

H banks, 13.27.27.27.08.000,000,000 of the deposit amount on the transaction date of the counterpart bank, 13.10.07.07.00,000,000 H banks 13.22, 13.210,000,000 - 13.254,000,000,000.

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