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(영문) 서울서부지방법원 2020.08.07 2019나41291
집행문부여에 대한 이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, from March 2008 to August 2, 2008, performed the new construction of a multi-household building in Eunpyeong-gu Seoul (hereinafter “instant building”) and filed a lawsuit against D Co., Ltd. (hereinafter “D”) as Seoul Western District Court 2009Gahap11983.

On January 12, 2010, the above court rendered a ruling of recommending reconciliation that "D shall pay the Plaintiff KRW 600 million up to February 26, 2010, and if the payment deadline is reached, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum." The above ruling was finalized on February 2, 2010.

(A) On December 3, 2019, the Plaintiff filed a lawsuit for the extension of the extinctive prescription of a claim based on the decision of recommending reconciliation on December 3, 2019, which was pending in the instant appellate trial, and was rendered a favorable judgment of the Plaintiff on April 21, 2020 as Seoul Southern District Court Decision 202Gahap10193.

The F Co., Ltd. (hereinafter “F”) owned and used Qho Lake on January 27, 201 with respect to Qho, and R among the instant buildings on January 21, 2011. The Defendant completed the registration of ownership transfer regarding P among the instant buildings on March 17, 201, and around that time, the Plaintiff occupied and used the said Qho Lake, Rho, and Pho Lake, and H, the representative director of the Plaintiff, jointly with the Plaintiff, occupied and used the said Rho Real Estate.

C. As of November 1, 2011, Defendant, F, and G filed a lawsuit against the Plaintiff as Seoul Western District Court Decision 2011Kadan8346, Seoul Western District Court Decision 2011Kadan8346, and filed a lawsuit against the Plaintiff and H on November 17, 201 against the Plaintiff and H.

On November 15, 2013, the court rendered a judgment with the following contents (hereinafter “instant judgment”) and the said judgment became final and conclusive on December 7, 2013.

1. At the same time as receiving 60 million won from D:

A. The plaintiff (i) delivers the above Q Q to F, and deliver the above PP to the defendant, and (ii) deliver it to the defendant.

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