logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.02 2014가합105722
공탁금출급청구권확인
Text

1. The defendant was deposited to the non-party D (E and Sung-nam Si F) in Suwon District Court Geumwon-gu in 2012 gold No. 2113, 117.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ claim against D (1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) filed a lawsuit against D et al. on September 30, 2010 for the payment of the construction cost as 2010Kahap9351, Jyyang Branched District Court 2010Kahap9351.

On August 24, 2011, the above court rendered a judgment that "D shall pay to the Plaintiff Company the amount of KRW 154,300,000,000 per annum from March 11, 2010 to August 24, 201, and the amount of 6% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment." The judgment was finalized on October 5, 2011.

(2) On April 7, 2010, Plaintiff B filed a lawsuit against Suwon District Court (2010Kadan5859) seeking the payment of construction cost under the Suwon District Court’s Eunpyeong Housing Site Board (2010Kadan5859).

In the instant case, on August 12, 2010, the conciliation was concluded that “D shall pay Plaintiff B KRW 32,000,000 to October 31, 2010, and if D does not pay the above amount by the payment date, it shall be paid by adding the interest rate of 12% per annum from November 1, 2010 to the date of full payment.”

B. On July 8, 2010, D filed a lawsuit against G for the payment of the construction cost under the Sungwon District Court Sungnam Branch 2010Gahap9654 against G on July 8, 2010.

On February 10, 2011, the above court rendered a judgment that "G shall pay D 571,619,750 won with an annual interest rate of 20% from September 9, 2010 to the date of full payment," and the above judgment was finalized on March 26, 2011.

(2) Based on the foregoing judgment on June 1, 201, D filed an application for commencement of compulsory auction with respect to G-owned childcare facilities located on the ground of Pyeongtaek-si K-si and 218 square meters (hereinafter “instant land”) located on the same L, which are owned by J, as Suwon District Court H and I (Dual) (hereinafter “instant building”) based on the foregoing judgment, and received a decision to commence compulsory auction on June 2, 201.

(hereinafter referred to as “instant compulsory auction”). C.

arrow