청구이의
1. The defendant's judgment with executory power over the lease deposit case against the plaintiff by Seoul Southern District Court 2013Kadan2102.
1. The Defendant, which caused the instant claim, filed a lawsuit against the Plaintiff on the claim for lease deposit against the Seoul Southern District Court 2013Kadan2102, Seoul Southern District Court (29,200,000 and delay damages) and obtained favorable judgment (29,200,000
After that, the defendant filed a report on the right and demand for distribution in the auction procedure of the real estate in progress with respect to the real estate owned by the plaintiff.
The plaintiff raised an objection against the defendant among the distribution schedule prepared in the distribution procedure of the above auction case, and thereafter filed a lawsuit of demurrer against distribution, and the court corrected the distribution schedule to distribute the amount of KRW 28,831,281 to the defendant.
Meanwhile, the Defendant removed from the leased object above on or around September 2013, and up to the time of the removal, the amount of 20,700,000 won in arrears (from November 201 to 23 months), 550,000 won in arrears of management expenses (from November 2012 to November 201), 158,580 won in arrears, and 210,139 won in arrears for delayed rent, and thus, the remaining lease deposit that the Plaintiff is obliged to return to the Defendant is KRW 40,000,00 in arrears, minus all arrears of 21,618,71,281,281.
However, even though the distribution schedule was revised to distribute to the defendant more than KRW 18,381,281 in the auction procedure for the rent of real estate owned by the plaintiff, the defendant applied for a compulsory auction on the real estate owned by the plaintiff again according to the judgment of the above rent deposit case, which is unfair, so this case was filed to exclude the enforcement of the above judgment.
2. Determination:
A. Basic facts 1) On October 2, 2010, the Plaintiff is the leased object of this case between the Defendant and the Gangseo-gu Seoul Metropolitan Government C Apartment 902 (hereinafter referred to as the “Defendant”).
(1) The term of the lease contract is 40,00,000 won, the term of the lease contract from October 27, 2010 to October 27, 2012, the monthly rent is 90,000 won, the monthly rent is 50,000 won (water, electricity, gas separately) and the monthly management fee is 50,000 won (hereinafter referred to as the “instant lease contract”).
(2) The Defendant entered into a contract on 2011.