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1. The Seoul High Court Decision 2017Na2034026 (main office), February 20, 2019 (Counterclaim), 2018Na2014012 (Counterclaim) against C Co., Ltd.
Reasons
1. Determination as to the cause of claim
(a) The facts below the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 (including the paper number; hereinafter the same shall apply) to 4, Gap evidence 6 to 9, and Eul evidence 2 to 9.
(1) On March 10, 2016, the Defendant: (a) made a claim for the purchase price and interest claim against C Co., Ltd. (hereinafter “C”) as the preserved right; and (b) completed the provisional attachment decision (hereinafter “Cheongju District Court 2016Kadan507, hereinafter “instant provisional attachment decision”) with the claim amounting to KRW 2,607,75,170 as to each real estate listed in the separate sheet (hereinafter “instant real estate”) on the same day.
(2) Since then C entrusted the instant real estate to D Co., Ltd., the Plaintiff purchased the instant real estate from the said D Co., Ltd. and completed the registration of ownership transfer on June 22, 2017.
(3) In the appellate proceedings in the case of confirmation of existence of the obligation that C filed against the Defendant, the Defendant filed against the Defendant for a counterclaim seeking the payment of the purchase price and interest claim, which is the right to be preserved for the provisional attachment of this case, and ordered C to pay the Defendant the amount calculated at the rate of 13% per annum from August 18, 2018 to the date of full payment (Seoul High Court Decision 2017Na2034026 (principal lawsuit), 2018Na2012 (Counterclaim); hereinafter “instant principal judgment”) and the said judgment became final and conclusive on June 27, 2019.
(4) The Defendant, based on the judgment on the merits of this case as the executive title, filed an application for a compulsory auction with the amount of money for which payment was ordered in the judgment above. Accordingly, on March 7, 2019, the auction procedure for the real estate of this case was commenced.
(5) The Plaintiff expressed to the Defendant the intent to pay the principal and interest and the cost of enforcement by the judgment on the merits of this case, but the Defendant.