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(영문) 서울중앙지방법원 2013.12.05 2013가합542465

건물명도

Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C shall be attached from Defendant B.

Reasons

1. Indication of claim;

A. On December 7, 2009, the Plaintiff entered into a lease contract with D and Gangnam-gu Seoul E non-dong 305 (hereinafter “instant apartment”) with a deposit of KRW 700,000,000 for the key money for lease on a deposit basis, and from December 9, 2009 to December 9, 201, and paid KRW 700,000 for the key money for lease on a deposit basis around that time.

B. On December 9, 2009, the Plaintiff received the instant apartment, and thereafter moved into another apartment on December 30, 2009 as soon as possible on the lower floor as of December 30, 2009. D agreed to pay KRW 50,000,000 as compensation for damages incurred by the Plaintiff due to the failure to give prior notice of the noise problem.

C. Defendant B purchased the instant apartment from D on December 12, 2011, and purchased the instant apartment from D, and took over the aforementioned obligation to return the deposit money and the liability for damages against the Plaintiff. On August 31, 2012, Defendant B paid KRW 5,000,000 out of the aforementioned liability for damages to the Plaintiff.

On July 25, 2013, the Plaintiff filed a lawsuit against Defendant B on the claim for the return of deposit for lease on a deposit basis, etc. with the Seoul Central District Court 2013Gahap6921, and was sentenced on July 25, 2013 to the effect that “Defendant B shall pay to the Plaintiff 745,000,000 won and 700,000,000 won from December 10, 201, 201, 45,000,000 won from December 15, 2012 to July 25, 2013, and 20% from the next day to the day of full payment,” and the said judgment became final and conclusive.

E. Defendant B leased the lease deposit amount of KRW 1,000,000,000 from Defendant C to possess the said real estate after paying the lease deposit.

On September 12, 2013, the above lease contract was terminated.

F. The Plaintiff, as Seoul Central District Court Decision 2012Kadan3895, filed an application for provisional seizure on Defendant B’s claim against the above claim against Defendant B, with regard to the claim for refund of lease deposit against Defendant C, and received the decision of provisional seizure on September 5, 2013.