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(영문) 수원지방법원 2014.12.11 2014가합6148
청구이의
Text

1. The defendant's original copy of the mediation statement in which the Suwon District Court 2002Na 11295 against the plaintiff was applied for the delivery of land.

Reasons

1. Basic facts

A. On February 15, 2005, the Plaintiff and the Defendant filed a lawsuit seeking land transfer against the Defendant at Suwon District Court Pyeongtaek Branch Branch around 2000, and on February 15, 2005, the Plaintiff and the Defendant transferred part of the land “the Plaintiff” (Article 1(1) of the Adjustment Clause) between the Defendant and the Defendant (hereinafter “instant real estate”). The Defendant confirmed that all trees, such as the distribution of trees on each of the above forests and fields, are owned by the Plaintiff (Article 2(2)), and as a consideration for the delivery of the said forests and ownership confirmation, the Plaintiff paid KRW 100 million to the Defendant by April 30, 205, by adding 20% per annum to the amount calculated from the next day to the day of complete payment (Article 3(3) of the Adjustment Clause), and the mediation protocol was completed, and the mediation protocol was completed (hereinafter “instant real estate”).

B. On December 24, 2010, the Defendant seized the Defendant’s compulsory execution and the claim of the head of Pyeongtaek-si Tax Office: (a) issued the Seoul Central District Court Order 2010TTTY 49948 based on the instant claim stated in paragraph (3) of the instant conciliation protocol (hereinafter “instant conciliation claim”); (b) the Plaintiff received a seizure and collection order on KRW 212,876,712 of the principal and interest of the instant conciliation claim out of the amount to be distributed to the Plaintiff in the auction of real estate G real estate deposit in Suwon District Court (hereinafter “instant auction”); and (c) served on the Republic of Korea as the garnishee on December 31, 2010.

Accordingly, on February 24, 2011, the head of Pyeongtaek-si Tax Office seized the Defendant’s dividend claim against the Republic of Korea in order to collect KRW 1,055,315,290 in the amount of national taxes in arrears from the Defendant, and on May 20, 201, the Defendant transferred the instant adjustment payment claim to H, one’s mother, and notified the Plaintiff of the same day, and on June 2, 201, notified the Plaintiff of the assignment of the claim.

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