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(영문) 청주지방법원 제천지원 2018.06.21 2018가합10053
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff at the Cheongju District Court Jeju District Court was conducted based on the payment order 2017Hu873.

Reasons

1. Basic facts

A. On September 22, 2017, the Defendant filed an application against the Plaintiff for a payment order against the Plaintiff for the payment of the acquisition amount, etc. under the B09,893,000 won loan from B, and the claim for interest thereon, on the ground that he/she received the transfer of the claim for the payment from B. The said court accepted the Defendant’s application on September 29, 2017, and issued the payment order to the Defendant that “the Plaintiff would pay the acquisition amount of KRW 209,893,000, and the delayed payment amount of KRW 474,950, and the said payment order reached the Plaintiff on October 11, 2017, which was finalized on October 26, 2017.

(hereinafter “instant payment order”). B.

On June 7, 2017, which was before the application for the instant payment order, the Defendant received the provisional seizure order regarding the Plaintiff’s real estate by using the claim for the amount of KRW 209,893,000 as the preserved claim (this Court No. 2017Kadan1059, hereinafter “the instant provisional seizure order”), and thereafter filed an application for a compulsory auction for the said real estate with this court C around November 2017, with the title of execution of the instant payment order.

C. On January 23, 2018, the Plaintiff deposited KRW 256,196,190 in the Suwon District Court (Seoul District Court 2018) with a total of 256,196,190 won for interest and demand procedures until the same day as the principal under the above payment order. On February 1, 2018, the Plaintiff deposited KRW 2,03,220 in the deposit of KRW 2,03,220 out of the execution expenses paid by the Defendant in advance in filing an application for compulsory auction at the same court under Articles 947 and 203 of the same Act, and on April 25, 2018, deposited KRW 3814, 2018, and KRW 5053 in the same court as of May 24, 2018 (= KRW 916,2308,83,940,920, KRW 2929, respectively).

On May 10, 2018, the defendant withdrawn the compulsory auction of the above C around May 10, 2018.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply) and Eul are 1 to 7.

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