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(영문) 대전지방법원서산지원 2016.08.09 2015가단9822
청구이의
Text

1. The Defendant’s ground for the agreement on October 6, 2013 with respect to the Plaintiff’s share of 133/1,529 square meters among the 1,529 square meters of the Seosan-si Road B.

Reasons

1. Basic facts

A. The Defendant, while carrying out a development project on the land outside 805 square meters in Seosan-si, Seosan-si (hereinafter “the instant land”), and 15 square meters in lots including the instant land, intended to construct the instant land as a housing site and use the said land as an access to the said housing site.

B. On December 2, 2012, the Defendant agreed to sell the instant land in KRW 78.75 million to D, who is the Plaintiff’s wife, and agreed to receive a separate payment for the instant road shares ( approximately 40 square meters).

D. On December 7, 2012, the Plaintiff completed the registration of ownership transfer based on the above sale as to the instant land, and the Plaintiff completed the registration of ownership transfer based on sale on February 20, 2013 as to the instant land on February 19, 2013.

C. On October 6, 2013, the Plaintiff prepared and sent to the Defendant a letter of payment stating that “The payment of KRW 12 million to the 40th of the instant road shall be made by October 31, 2013” (hereinafter “instant letter of payment”).

On July 22, 2014, the Defendant filed a lawsuit against the Plaintiff to seek payment of the agreed amount based on the instant written rejection of payment, and on July 22, 2014, issued a judgment with the purport that the Plaintiff would pay to the Defendant 12 million won and damages for delay at the rate of 20% per annum from May 11, 2014 to the date of full payment (hereinafter “instant judgment”).

On March 16, 2015, the defendant is the auction of this case not exceeding E of this Court.

The compulsory auction against the land of this case was applied for.

In the instant auction procedure, F was decided as the highest bidder on October 26, 2015, and paid the sales price on November 25, 2015.

On the date of distribution of the instant auction procedure implemented on December 30, 2015, the Defendant received dividends of KRW 14,703,295, which is the full amount of claims based on the instant judgment, from the date of distribution.

E. On February 15, 2016, the Defendant is the Plaintiff as the water No. 1 of Seoul Northern District Court 2016.

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