공탁금출급청구권 확인의 소
1. The application for intervention by the successor of the defendant Samsung Card Co., Ltd. is dismissed;
2. Between the Plaintiff and the Defendants.
1. Basic facts
A. On November 20, 2009, C concluded a lease agreement with Defendant A and C by setting the lease deposit amounting to KRW 14 million and the lease period from November 21, 2009 to November 20, 201, with respect to the room 1 column among the 11-dong 401 and the 401-dong 401.
Defendant A made a move-in report on the above apartment on November 26, 2009, and obtained a fixed date in the above lease contract.
B. The Plaintiff was sentenced by this Court on November 11, 2010 in this Court Decision 2010Da5176807 that “C shall pay to the Plaintiff 8,004,328 won and 7,810,530 won among them, 9% per annum from August 25, 2009 to October 30, 2010, and 20% per annum from the next day to the day of full payment.” The above judgment was finalized on December 1, 2010.
C. On June 24, 2011, Defendant South Korea Bank Co., Ltd. (hereinafter “Defendant South Korea Bank”) (hereinafter “Defendant South Korea Bank,” and the remaining Defendants’ names omitted) received a decision to commence a discretionary auction procedure for the said apartment on June 24, 201, Daegu District Court E, and accordingly, the auction procedure was in progress.
On June 7, 2012, the auction court prepared a distribution schedule with the content of distributing dividends to Defendant A, the person holding the right to deliver, the third party having the right to deliver, and the third party having the right to deliver, of small-sum lessee A, the person holding the right to deliver, and the third party having the right to deliver, as shown in the following [Attachment], which is the actual amount to be distributed after deducting the execution cost, etc. from the sale price of the above apartment. The above distribution schedule was finalized as is.
However, Korea received 43,419,788 won as actual dividends on June 8, 2012.
The amount of claims secured by the right holder of the title 130,00 won 12,361,957 won 2,473,000 won 4,473,00 won 4,473,00 won 2,33,418,59 won 43,418,59 won 43,419 won 130,095,111 won 9,46,121 won 3,40,000 won 43,418,59 won 4,000 won 130,095,111 won 9,46,121 won
E. Korea is at the auction procedure as of July 18, 2012, the Daegu District Court No. 4154, gold 2012.