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(영문) 춘천지방법원원주지원 2016.11.23 2016가단34280
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for a principal claim and a counterclaim on January 8, 2015, against the Plaintiff (the principal claim), Chuncheon District Court Decision 2014Kadan1064, 2014Kadan3535 (Counterclaim). The said court dismissed both the principal claim and the counterclaim.

Accordingly, the parties filed an appeal with the Chuncheon District Court 2015Na735 (principal lawsuit), 2015Na742 (Counterclaim). On October 16, 2015, the appellate court rendered a judgment ordering the Defendant to pay the amount calculated at the rate of 7.2% per annum from December 12, 2013 to October 16, 2015, and 20% per annum from the next day to the date of full payment. Although the Plaintiff filed an appeal with the Supreme Court 2015Da24541 (principal lawsuit), 2015Da245558 (Counterclaim), the appellate court became final and conclusive on February 3, 2016, the appellate court became final and conclusive on February 3, 2016.

B. On June 22, 2016, the Defendant filed an application for compulsory auction for all co-owners of the Plaintiff’s share (1/2) among the total amount of the Plaintiff’s share (1/2) and the total amount of the Plaintiff’s share (1/4) among the total amount of 1802 square meters in Gangwon-do, Gangwon-do, which is owned by the Plaintiff, for the collection of the foregoing loan claim against the Plaintiff, on June 22, 2016, the Defendant filed an application for compulsory auction for the entire amount of the Plaintiff’s share (1/4), among the total amount of 19

C. On October 27, 2015, the Plaintiff filed a lawsuit against the Defendant, including the main district court of Chuncheon, 2014dan10663 (main district court), and 2014dan10823 (Counterclaim consolation Money). On October 27, 2015, the said court ruled that the Defendant shall implement the registration procedure for transfer of ownership based on the fixed date property division with respect to one half of the 252m2 square meters of the Friju in Gangwon-do, the Defendant’s claim for the principal lawsuit and counterclaim consolation money, and the Defendant’s claim for property division all dismissed.

Accordingly, the parties filed an appeal under the Chuncheon District Court 2015Reu344 (principal lawsuit), 2015Reu351 (Counterclaim), but the appellate court sentenced the dismissal of appeal on September 2, 2016.

As to this, the parties to the appeal are Supreme Court Decision 2016Meu12074, and the appeal is pending in the Supreme Court.

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