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(영문) 수원지방법원안산지원 2020.12.17 2020가합7955
구상금
Text

1. The defendant shall pay to each of the plaintiffs 156,50,000 won with 12% per annum from May 7, 2020 to the day of complete payment.

Reasons

Basic Facts

A. 1) The Plaintiffs are the respective real estate listed in the list of [Attached] July 29, 2016 (hereinafter “each of the instant real estate”).

(2) The procedure for compulsory auction (hereinafter “instant auction”) with respect to the compulsory auction

(2) The Defendant is the previous owner of each of the instant real estate. The Defendant is the previous owner of each of the instant real estate.

B. The Plaintiffs filed a lawsuit against E and F, whose possession of each of the instant real estate was acquired after acquiring the ownership of each of the instant real estate and against E and F, their spouse, seeking delivery of each of the instant real estate. However, the said court rendered a judgment dismissing the Plaintiffs’ claim on June 23, 2017. (2) The Plaintiffs appealed as Seoul High Court Decision 2017Na2035876 regarding the said judgment.

On August 17, 2018, the above court accepted part of the appeal, and rendered a judgment to the effect that “F, the person having chonsegwon E and his/her possession assistant (hereinafter “E couple”), is paid KRW 370 million from the Plaintiffs for the key money for lease on a deposit basis, and KRW 3130 million from the Defendant, and at the same time, deliver each of the instant real estate to the Plaintiffs,” and the said judgment became final and conclusive on September 4, 2018 as the lapse of the period of appeal.

(hereinafter referred to as "related final and conclusive judgment"). (c)

On February 27, 2020, on behalf of the Defendant, the Plaintiffs deposited the aforementioned beneficial cost of KRW 313 billion with the Suwon District Court Branch Branch, No. 197, 2020, with respect to the payment of beneficial costs and the delivery of real property by E couples. 1) On behalf of the Defendant, the Plaintiffs deposited the aforementioned beneficial costs of KRW 313 billion with the Suwon District Court Branch. 2) E deposited the said deposit at around that time, and E transferred each of the instant real property to the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 6 (including branch numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The Plaintiffs are determined as to the cause of the claim.

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