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수원지방법원여주지원 2020.05.14 2019가단7039
추심금 청구의 소
Text

1. As to the Defendant (Appointed Party) and the designated parties C, and D’s each of them are KRW 5,735,000, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 13, 2005, Defendant (Appointed), Appointers C, D, E, and F completed the registration of transfer of ownership as a joint landowner on April 11, 2005 with respect to G forest land of 6882 square meters (hereinafter “instant land”).

As F dies on April 21, 2008 and E dies on January 4, 2011, the registration of change of ownership (hereinafter “the registration of change of ownership”) was made on August 12, 2019 with respect to the instant land by the Defendant (Appointed Party), Appointed C, and D.

B. The Plaintiff filed a lawsuit against H on August 26, 2015 with the Seoul Central District Court Decision 2014Da78469, which declared that “H shall pay 22,16,112 won and 17,907,388 won among them, and I shall pay 22,164,074 won and 11,938,259 won a year from April 11, 2014 to the day of full payment,” and the above judgment became final and conclusive between the Plaintiff and H.

Defendant I lodged an appeal against the above judgment as Seoul Central District Court No. 2015Na54294, and the above court rendered a ruling of recommending reconciliation with the content that renounced the Plaintiff’s claim on October 26, 2015, taking into account the judgment of refusal of inheritance against I. The above ruling became final and conclusive.

C. On July 30, 2019, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) with regard to the claim amount as to the land in this case as to the claim amount to be returned to the third obligor Defendant (Appointed Party) and the appointed party C, and D due to the death of Suwon District Court Decision 2019TT 1989, the Plaintiff received the seizure and collection order (hereinafter “instant seizure and collection order”). The instant seizure and collection order was served to the Defendant (Appointed Party) and the appointed party C, and D.

The value of 1/4 shares out of the land in this case shall be the date of death of E.

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