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(영문) 전주지방법원 군산지원 2018.12.20 2015가합12064
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On April 2, 2014, the Plaintiff: (a) obtained a decision on provisional seizure of claim against the amount of KRW 250,000,000 (total amount of KRW 500,000,000 for C and D; and (b) received a decision on provisional seizure of claim against the amount of KRW 250,000,000 for each of the purchase price claim to the Defendant under a sales contract for E site and its ground buildings (hereinafter “instant real estate”); and (c) received a decision on provisional seizure of claim against the amount of KRW 250,00,00 for each of the purchase price claim to the Defendant on April 4, 2014 (total amount of KRW 50,00,000) (Seoul District Court Branch Court Decision 2014Kahap10026, hereinafter “decision on provisional seizure of claim”); and (d) the instant decision on provisional seizure of claim was served on the Defendant on April 4, 201

B. Thereafter, a settlement recommendation decision was rendered on July 24, 2014 that “C and D shall jointly and severally pay KRW 500,000,000 to the Plaintiff by August 31, 2014.” The said settlement recommendation decision became final and conclusive on September 2, 2014.”

(Militarysan Branch of Jeonju District Court 2014Gahap675). (c)

Based on the above executory reconciliation recommendation decision, the Plaintiff received a decision that “The amount of KRW 250,00,000 out of KRW 271,643,835 of the amount of the claim shall be transferred to the original seizure, and the remaining amount of KRW 21,643,835 shall be seized,” upon request of the debtor C, D, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, as the amount of the claim shall be transferred to the original seizure.”

[This case’s claim attachment and collection order (hereinafter “instant claim attachment and collection order”) where the title is collectively referred to as “the debtor D”), 2015TT 820 (debtor D), 2015T 1404 (creditor C), and hereinafter referred to as “instant claim”). The attachment and collection order against debtor D was served on the Defendant on February 10, 2015, and on February 25, 2015, respectively. The attachment and collection order against debtor C was served on the Defendant on March 11, 2015, and on March 16, 2015, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion.

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