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(영문) 광주지방법원 순천지원 2017.01.11 2016가단76548
청구이의
Text

1. Decision 2014Gahap2052 Decided January 28, 2016, against the Defendant’s Plaintiff, the Gwangju District Court Order 2.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 3 (including family identification number), the defendant filed a lawsuit against the plaintiff et al. for damages and revocation of fraudulent act under this court No. 2014Gahap2052. On January 28, 2016, the above court ordered the plaintiff et al. to pay the amount calculated by the ratio of 5% per annum to the defendant 14,651,480 won and the amount calculated by the day following the day when the judgment became final and conclusive to the day when the judgment is fully repaid.

B. 1) A judgment was pronounced. On February 17, 2016, the fact that the above judgment became final and conclusive, the fact that the procedure for compulsory auction on the Plaintiff’s real estate was commenced as of July 6, 2016 upon request by the Defendant who made the above judgment as executive title, and the Plaintiff deposited KRW 16,60,240 in the Defendant’s future as of August 5, 2016, the sum of the principal and interest of the above judgment KRW 14,92,680,680, and KRW 16,60,560, and all of the principal and interest of the Defendant’s execution obligations based on the above judgment, including the Defendant’s execution expenses required in the above auction procedure, is recognized.

According to the above facts of recognition, Article 2-2 of the above final judgment

B. The Defendant’s claim based on 1 ought to be excluded from the enforcement force of the above final and conclusive judgment, since all of the Defendant’s claim became extinct by repayment.

Ultimately, the plaintiff's claim of this case is justified and accepted.

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