(영문) 의정부지방법원 2017.02.10 2016가합1912

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(영문) 의정부지방법원 2017.02.10 2016가합1912

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of C’s land at Namyang-si, Namyang-si, and the Plaintiff is the owner of a cement tank and 35.7 square meters of the first floor of 1st floor of the instant land-based housing (hereinafter “instant housing”).

B. The Defendant filed a lawsuit against the Plaintiff with the District Court 2005Gahap9279, and “the Plaintiff shall be paid KRW 92,862,00 from the Defendant on July 12, 2006 with respect to the instant housing, and the Plaintiff shall take the procedure for the registration of ownership transfer on the ground of sale as of July 12, 2006, and shall be determined in the order of 192, 79, 80, 193, 194, 81, 83, 84, 84, 195, 196, 197, 197, 199, 200, and 192 on board each of the items of the attached Table C (1), which is connected to the Plaintiff, and the judgment of India became final and conclusive in the order of 76, 75, 78, 78, 888, 86, 87, 888, 868, 7, 868, 888, 7, etc.”

(hereinafter referred to as “related final and conclusive judgment”). (c)

On December 30, 2009, the Defendant deposited KRW 92,862,00 with the Plaintiff as the principal deposit. D.

On June 2016, the defendant applied for compulsory execution of delivery of real estate on the basis of related final judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) B, the representative of the Defendant at the time of the Defendant, around June 2014, shall pay the Plaintiff the sum of KRW 92,862,00,00,00,000, which is the final and conclusive judgment regarding the instant housing, to the Plaintiff, and the Plaintiff agreed to deliver the instant housing to the Defendant immediately upon the receipt of the said payment. As such, there is an agreement for non-execution that would not proceed with compulsory execution before paying KRW 142,862,00. 2) The Defendant, around 2008, paid the final and conclusive judgment immediately after the relevant final and conclusive judgment became final and conclusive, and did not perform it even if it was possible to receive the instant housing, at the time of 2014.

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