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(영문) 수원지방법원 2016.01.28 2015가단117178
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 27, 2006, a divorce case was concluded between the Plaintiff and the designated party [the Plaintiff and the designated party shall be divorced, two children shall be designated as the exercise of parental authority and the guardian, and the Plaintiff and the designated party shall waive the claim for consolation money, division of property, child support, etc. following the divorce.]

B. The Plaintiff filed a lawsuit claiming compensation for damages on the ground that the Plaintiff suffered several assaults from the selector during marriage life (U.S. District Court 2009Dahap25411) and was rendered a favorable judgment, and the selector deposited KRW 10,679,452 on June 13, 2010 to guarantee the suspension of execution of provisional execution pursuant to the above judgment.

When the plaintiff's claim was additionally accepted in the appellate court of the above judgment (Seoul High Court Decision 2010Na68925, hereinafter "the judgment of this case"), the designated person deposited KRW 54,00,000 on February 8, 2012 in order to guarantee the suspension of compulsory execution (hereinafter "the deposit of this case"), while filing an appeal.

C. The instant judgment was reversed by the Supreme Court, and on December 6, 2012, in the reversed trial, the judgment of the lower court rendered a judgment that “the appointed party shall pay to the Plaintiff KRW 45,575,213 and delay damages therefrom” (Seoul High Court Decision 2012Na28617). While the appointed party filed an appeal (Supreme Court Decision 2013Da362) against the said judgment, the final appeal was dismissed on March 28, 2013.

On the other hand, based on the instant judgment, the Plaintiff filed an application for a compulsory auction of real estate (the Daejeon District Court Red Branch D; hereinafter “instant compulsory auction”) with respect to the real estate listed in the attached list owned by the selected, and received dividends of KRW 8,016,185 from the above compulsory auction procedure on March 19, 2014.

E. On November 14, 2013, the Appointor raised an objection against the Plaintiff seeking the denial of compulsory execution based on the instant judgment.

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