추심금 등
1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. On March 7, 2018, Defendant Corporation leased the instant apartment to Defendant B by setting the deposit amount of KRW 5520,000, monthly rent of KRW 79,400, and the period of May 31, 2020.
B. The Plaintiff and the remaining designated parties (hereinafter “Plaintiffs”) received a payment order against Defendant B on a total of KRW 22 million and damages for delay, which became final and conclusive on October 31, 2015.
(Seoul Eastern District Court 2015 tea5241). (c)
On November 5, 2018, the Plaintiffs received the claim amounting to KRW 45,781,095 from the claim amount among the claims for return of the deposit against Defendant B’s Defendant Corporation upon the payment order (Seoul Eastern District Court 2018TTTT1082), which was served on the Defendant Corporation on November 12, 2018.
[Ground for Recognition] Defendant B: The fact that there is no dispute, Gap's evidence Nos. 1, 2, 3, and Eul's evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The plaintiff's assertion and judgment
A. The Plaintiff sought payment of KRW 45,781,095 to the Defendant Corporation in accordance with the above collection order, and damages for delay thereof, and sought to deliver the instant apartment to the Defendant Corporation in subrogation of the Defendant Corporation.
B. The above claim for the return of the deposit against Defendant B, which is the object of collection, and the right to request the delivery of the apartment of this case against Defendant B, which is the object of subrogation, is premised on the termination of the lease of the apartment of this case. The submitted evidence alone is insufficient to accept this. Rather, it is recognized that the term of the apartment of this case has not yet expired as seen earlier.
Therefore, the plaintiff's claim against the defendants, which is premised on the termination of the lease, is without merit.
3. Accordingly, the Plaintiff’s claim against the Defendants is dismissed. It is so decided as per Disposition by the assent of all participating Justices.