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(영문) 대전지방법원 천안지원 2018.10.24 2018가단107608

제3자이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2012, the Plaintiff, as a non-corporate group, entered into a lease contract with C, the owner of the real estate listed in paragraph (2) of the attached Table No. 2, with respect to KRW 164.7 square meters on the third floor of the pertinent real estate, which is KRW 70 million, and the period from March 30, 2012 to 60 months (hereinafter “instant lease contract”), and paid KRW 70 million to C as the deposit for the lease.

B. On April 25, 2012, C: (a) the instant real estate was registered for the establishment of chonsegwon on the ground of the contract for lease on a deposit basis; (b) the entire area of KRW 70 million for lease on a deposit basis; (c) the scope of KRW 164.7 square meters on three floors; (d) the duration from March 30, 2012 to March 29, 2017; and (e) the lease on a deposit basis of the contract for lease on a deposit basis, which was concluded by the Plaintiff’s Chairperson on March 20, 2012

he completed the work.

C. On the basis of the executory exemplification of the claim for reimbursement against B, the Defendant filed an application for the attachment and collection order against B with the debtor B and the third debtor in the Daejeon District Court as C, based on the executory exemplification of the payment order with the claim for reimbursement reimbursement against B, and the said court accepted the application on June 19, 2018, and accepted the application on June 19, 2018 and issued the attachment and collection order as the Daejeon District Court Branch Branch Office 2018TTT103637, "the attachment and collection order of this case".

[Reasons for Recognition: Facts without dispute, Gap 1-11 (including paper numbers), the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff agreed to obtain a registration of the establishment of chonsegwon from C in order to secure the right to return the deposit under the instant lease contract safely. At the time, B, which was the chairman of the Plaintiff, did not know the method of obtaining a registration of the establishment of chonsegwon in the name of a non-corporate body, and was registered as the establishment of chonsegwon in the name of the president.

Since the parties to the lease contract of this case and the creditors who refund the deposit money for the lease of this case are not the plaintiff B, the defendant's compulsory execution against the claim mentioned in attached Form 1 shall not be permitted.

(b).