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1. The plaintiff's claim is dismissed.
2. With respect to the case of application for the suspension of compulsory execution by this Court 2016 Chicago250, the case shall be October 2016.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against the Defendant and C seeking the registration of ownership transfer under this court’s 2013da27458, and the Defendant filed a counterclaim against the Plaintiff to seek the settlement amount under this court’s 2014da26117.
B. On December 10, 2014, the foregoing court dismissed the Plaintiff’s principal claim, and rendered a judgment with respect to the counterclaim claim, “the Plaintiff shall pay to the Defendant 10,673,550 won and the amount calculated by the rate of 5% per annum from October 7, 2014 to December 10, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “the judgment on the counterclaim part”).
C. The Defendant did not appeal, without filing an appeal, filed an appeal only against the Plaintiff, and the full bench in charge of the appellate trial [Ulsan District Court 2015Na267, 2015Na274 (Counterclaims)] stated that “the part concerning the counterclaim was excluded from the scope of adjudication because both parties did not appeal,” and in the disposition, the Defendant rendered a judgment revoking part of the Plaintiff’s claim against the Plaintiff to the effect that “the Defendant is paid KRW 10,673,550 from the Plaintiff, and at the same time, paid KRW 10,673,50 from the Plaintiff, he/she would perform the procedure for the registration of ownership transfer to the Plaintiff,” and at that time the above judgment became final and conclusive without filing a final appeal.
On February 22, 2016, the Defendant sent a content-certified mail to the Plaintiff on February 22, 2016, and notified the Plaintiff that he/she will commence compulsory execution if he/she fails to pay it within the prompt date, the amount of which is KRW 13,334,906 [=10,673,550 won] 2,56,038 won (interest for 5% per annum from October 7, 2014 to December 10, 2014) (interest for 20% per annum from December 111, 2014 to February 22, 2016). The Plaintiff deposited KRW 10,5637,507, which is the principal, in the judgment on April 4, 2016.
F. The Defendant: (a) deposited only the principal as above; and (b) by content-certified mail on April 20, 2016.