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(영문) 부산고등법원 2018.01.24 2017나56561
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following part ordering payment.

Reasons

Facts of recognition

The registration of ownership transfer was completed in the name of the defendant or the defendant's wife J on May 2, 201 with respect to each land of H, I, D, E, F, and G, Busan, which was registered as the sole or joint owner of C, such as the agreement on the payment of the agreed amount between C and the defendant, on June 13, 201.

On July 14, 2011, the Defendant drafted a written confirmation (hereinafter referred to as the “instant written confirmation”) stating that “I will confirm C will pay C the remainder other than the liabilities to be paid to C after receiving compensation for land D (the Defendant shares), E, F, and G (hereinafter referred to as “instant land”).

The captain-gun Busan Metropolitan City deposited KRW 524,389,910 as a gold 1479 on December 2, 2015 when accepting F and G forest land registered under the name of the defendant on July 27, 2015, and deposited KRW 76,415,700 as a gold 2874 in the same court of the same court in 2015 when accepting the shares of 3,251/11,306 and E forest land of 330 square meters among the shares of 8,716 square meters and 8,716 square meters in Busan Metropolitan City, which were registered under the name of the defendant in the name of the defendant.

On December 21, 2016, the Plaintiff filed an order of seizure and collection with respect to the amount of the claim for the same support based on the executory exemplification of the judgment in Busan District Court 201Gahap3946 case, which was issued by the Busan District Court 201Gahap3946, and the debtor C and the third debtor, as the Defendant, for a seizure and collection order as to the "a claim under the instant confirmation that C had against the Defendant." On December 22, 2016, the Plaintiff received a seizure and collection order of the claim under the same support 2016taea104625, and the above order was served on the Defendant on February 1, 2017.

[Ground of recognition] A. 2, 3, and 4 (including each number), and the summary of the Plaintiff’s assertion of the whole purport of the pleading, the claim amount C against the Defendant under the instant confirmation document is KRW 235,979,382.

Therefore, the defendant is obligated to pay the above amount to the plaintiff who is the collection right holder.

The summary of the defendant's assertion C is different.

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