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(영문) 춘천지방법원 2018.07.04 2017가합51016
청구이의
Text

1. Certificates No. 578, 2014, drawn up by the Defendant’s notary public against the Plaintiff on July 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) around 1995, the Plaintiff sold 8 parcels, such as Yang-gu, Yang-gun, Gangwon-do F Miscellaneous land, to E Co., Ltd., and was not paid part of the purchase price, and D Co., Ltd. (hereinafter “D”).

The trade name was originally “stock company G” but was changed on August 10, 2010.

(2) On July 20, 1998, when the construction of new apartment on the above land was resumed, the Plaintiff received KRW 250 million out of the purchase price debt against the Plaintiff of E Co., Ltd. (2) The Plaintiff applied for payment order against D with Suwon District Court 2004Guj12852, and “D shall pay to the Plaintiff the amount calculated at the rate of KRW 350 million per annum from August 6, 2000 to the date of delivery of payment order, and KRW 50 million per annum from the next day to the date of full payment.” The above payment order is served on D on August 25, 2004, and is served on D and is thus served on D for the same year.

9. A final and conclusive judgment

(hereinafter referred to as the “instant claim”). B.

The Plaintiff transferred the instant claim to the Defendant, which was known through H’s introduction around March 6, 2013, while the Plaintiff was unable to receive the instant claim from D. (2) On March 20, 2013, the Defendant filed a lawsuit against D seeking payment of the amount of the instant claim transfer (In Incheon District Court Decision 2013Gahap2343), and received a favorable judgment from the above court on July 3, 2013, which accepted the Defendant’s claim, and D appealed appealed to the above judgment.

(C) On August 21, 2013, the Defendant filed an application for compulsory auction against D-owned and six other lots of land I, J-dong, K-dong, and Ldong buildings, and filed an application for compulsory auction on August 21, 2013, according to the judgment of the first instance court of the provisional execution sentence, which was pending in the appellate trial. (4) The Seoul High Court of the appellate court of the instant case.

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