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(영문) 부산지방법원 2017.09.14 2016가단356925
청구이의
Text

1. Compulsory execution against the Plaintiff by the Defendant based on the Busan District Court Decision 2014Da7785 Decided April 14, 2015.

Reasons

(2) The Plaintiff filed a lawsuit against the Plaintiff seeking the realization of the instant contribution units on the ground that the number of contribution units held by 54 units (hereinafter “the instant contribution units”) was transferred, and the judgment was rendered on April 14, 2015 that “the Plaintiff shall pay to the Defendant 51,109,920 won per annum and interest calculated at the rate of 20% per annum from May 8, 2014 to March 5, 2015” (hereinafter “the judgment of this case”). The judgment became final and conclusive around that time.

B. On April 23, 2015, the Plaintiff and the Defendant agreed on the method of payment, etc. of the instant judgment amount (hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

* The Plaintiff shall pay 10 million won, out of the judgment amount of this case, to the Defendant by April 23, 2015 16:00.

* The Defendant waives its interest on the instant judgment amount and the claim for litigation costs.

* The Plaintiff shall pay, in lieu of the payment of the judgment, the remaining amount after deducting a certain amount of securities transaction tax (0.5% of the acquisition amount) from the share acquisition amount of the contribution units of this case.

* The corresponding amount of contribution units (18 units) are reserved until the expiration of the extinctive prescription period, where the Plaintiff is liable for the repair of defects in connection with the statement of the repair of defects issued by the Plaintiff with the lot construction as the secured creditor (hereinafter “instant statement of the repair of defects”) for the new engineering.

* If the plaintiff remains unpaid to the defendant after the expiration of the extinctive prescription period, the defendant can reverse the agreement in this case.

C. The Plaintiff paid KRW 10,00,000 to the Defendant on the date of the instant agreement, and the Plaintiff acquired shares for 36 units except for 18 units subject to reservation among the units of equity in the instant case, and the unpaid amount of KRW 23,902,920 out of the realized amount.

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