청구이의
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On November 5, 2010, the Defendant concluded a lease agreement with respect to the Seo-gu Officetel E (hereinafter “instant real estate”) owned by C and C, which provides for KRW 47,000,000 as lease deposit and two years as to the lease deposit.
B. Although the lease term has expired, C did not refund the lease deposit, the Defendant filed a lawsuit to refund the lease deposit against C after completing the registration of the lease of the instant real estate, and won the case. The Defendant filed an application for compulsory auction on the instant real estate with F of this court.
In the above auction procedure, the Plaintiff acquired ownership on May 12, 2017, and the Defendant received dividends of KRW 1,190,139 on June 22, 2017.
C. The Defendant filed a lawsuit against the Plaintiff who acquired the ownership of the instant real estate with the Daejeon District Court Decision 2017Da15628, which claimed the return of the remaining lease deposit of KRW 35,809,861 (i.e., 47,00,000- Dividends of KRW 11,190,139). The said lawsuit was initiated by service by public notice, and on November 29, 2017, after the closing of argument on November 29, 2017, the Defendant (the Plaintiff of this case) was sentenced to the Plaintiff (the Defendant of this case) to the effect that “the Plaintiff shall pay damages for delay from June 23, 2017” and the said judgment became final and conclusive around that time.
(hereinafter “instant final judgment”) d.
Based on the final judgment of the instant case, the Defendant applied for a compulsory auction on the instant real estate to the court G, and the Defendant purchased the instant real estate in KRW 30,000,000 at the above auction procedure on December 2, 2019.
E. On December 2, 2019, the executing court distributed KRW 31,567,127,127 to the Seo-gu Daejeon Metropolitan City (the pertinent tax), which is the first-class court, KRW 627,320, KRW 1,412,310, and KRW 29,527,497 to the Defendant, the second-class, the second-class, the second-class, and KRW 29,527,497. The Plaintiff appeared on the date of distribution and raised an objection to the Defendant’s total amount of KRW 29,527,497.
F. The Plaintiff filed the instant lawsuit on December 9, 2019, and on the same day.