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(영문) 서울중앙지방법원 2015.08.21 2014가합593095
추심금
Text

1. The Defendant’s KRW 138,948,377 as well as the Plaintiff’s annual 5% from November 4, 2014 to December 30, 2014, and the following.

Reasons

1. Basic facts

A. The plaintiff has been divorced by law with C, and the defendant is the father of C.

B. In a judicial divorce with C, on September 19, 2007, the Seoul Family Court Decision 2006Dhap10095 and the case of divorce and division of property (hereinafter “related divorce, etc.”), the Plaintiff was sentenced to “C shall pay to the Plaintiff the amount calculated by the rate of 20% per annum to the day of full payment with respect to 30,000,000 won as consolation money, and the amount calculated by the rate of 560,000,000 won as division of property, and the amount calculated by the rate of 5% per annum from the day following this decision became final to the day of full payment.”

C. Both the Plaintiff and C appealed, but the Seoul High Court rendered a judgment dismissing all the appeals filed by the Plaintiff and C on September 2, 2008 (Divorce 2007Reuu1906 and division of property, etc.) and the above judgment became final and conclusive on September 23, 2009.

(hereinafter referred to as the “instant final judgment”) D.

On the other hand, on March 12, 2004, C completed the registration of creation of a mortgage on the part of the shares of 110.743/1/560 of the shares of 560.1m2 in Gangnam-gu Seoul Metropolitan Government DJ (hereinafter “instant land”) and one fifth of the above-ground buildings (hereinafter “instant building”) to secure the Defendant’s loan obligations, respectively, with the registration of creation of a mortgage on the part of the debtor.

E. However, around September 4, 2009, the National Bank received KRW 1,404,190,410 based on each of the above collateral security in the case of the compulsory auction for real estate E-Real Estate Auction by the Seoul Central District Court, and C came to hold against the Defendant a claim for indemnity amounting to KRW 1,404,190,410 (hereinafter “instant claim for indemnity”).

F. Accordingly, on October 29, 2014, the Plaintiff’s claim attachment as to KRW 138,948,377, among the claim for indemnity of this case under the Seoul Central District Court 2014TT 29120, the Plaintiff was not paid for the relevant divorce, etc. by C, based on the executory exemplification of the instant final judgment.

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