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(영문) 제주지방법원 2020.09.15 2019나16062
배당이의
Text

1. Revocation of the first instance judgment.

2. On May 2011, 2011, the Jeju District Court held that the compulsory auction case against B real estate is the same.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C Co., Ltd. (hereinafter “C”), D, and E was filed by the Daegu District Court No. 2003Gahap4802.

The cause of the claim shall be as shown in attached Table 1.

In the above case, the judgment was rendered on September 25, 2003 as shown in the Attachment No. 2.

(hereinafter “Plaintiff 1’s judgment”). The above judgment was finalized on October 12, 2003 between the Korea Asset Management Corporation and C and E, and on October 16, 2003 between the Korea Asset Management Corporation and D, respectively.

On August 28, 2012, the Plaintiff received the above credit from the Korea Asset Management Corporation and notified the Korea Asset Management Corporation of the assignment of credit to C and E on behalf of the Korea Asset Management Corporation on September 28, 2012, and the said notification reached each time.

On September 10, 2013, the Plaintiff filed an application with the Seoul Central District Court for the payment order of the above amount receivable under the Seoul Central District Court Decision 2013 tea179844.

On February 14, 2014, the Plaintiff withdrawn the application for the above payment order against C.

With respect to E, the above case of application for payment order was referred to the litigation procedure, and became the above court 2014da504355, and on May 2, 2014 in the above case, the judgment rendered on May 2, 2014 that “E shall pay to the Plaintiff damages for delay after September 16, 1998 for KRW 665,334,57 and for KRW 100,000 among them.”

(hereinafter referred to as "the second judgment of the Plaintiff"). The above judgment was finalized on May 22, 2014.

On the other hand, the Plaintiff filed a lawsuit against C on July 22, 2014, seeking the performance of the obligation to acquire money as Seoul Central District Court 2014Da5205983.

The summary of the cause of the claim is "the plaintiff is the transferee of the claim based on the judgment of the plaintiff 1 against the Korea Asset Management Corporation C, and the plaintiff filed a lawsuit to suspend extinctive prescription again within six months after the application for payment order was filed by the Seoul Central District Court No. 2013 Jeon179844 to suspend the extinctive prescription of the above judgment claim.

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