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(영문) 부산지방법원 서부지원 2018.05.31 2017가합129
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 10, 201, C drafted a notary public E-document No. 449 of 201, stating that “C borrowed KRW 200 million from D on June 10, 201 as interest rate of 30% per annum, and as of June 10, 2012, C shall accept compulsory execution if it borrowed from D on June 10, 201, and C does not perform its obligation.”

B. C completed the registration of ownership transfer on October 30, 2015 to G on September 18, 2015 with respect to the F apartment Nos. 103, 501 (hereinafter “instant apartment No. 1”).

C. Meanwhile, on September 19, 2015, the Defendant, the spouse of C, entered into a contract to lease on a deposit basis with H to the Busan Gangseo-gu International Apartment No. 205dong No. 1001 (hereinafter “instant apartment No. 2”) up to October 29, 2017, and completed the registration of the establishment of a right to lease on a deposit basis based on the contract to lease on a deposit basis.

On August 4, 2016, the Plaintiff received the execution clause on succession to the instant notarial deed and received the attachment and collection order (hereinafter “instant attachment and collection order”) from the said court on August 18, 2016, on the basis of the instant notarial deed, and based on the claim amount of KRW 449,784,030 (230,000 among the claims against the Defendant). The attachment and collection order of this case was indicated on August 26, 2016 by the Defendant and H as the collection order of KRW 230,00,000 paid to the Defendant in relation to the right to lease on a deposit basis for the instant apartment contract concluded between the Defendant and H., upon requesting the attachment and collection order of the claim from the said court on August 18, 2016 to the above amount of claim. The attachment and collection order of this case were served to the Defendant on August 26, 2016 (hereinafter “instant notarial deed”).

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