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(영문) 인천지방법원 2014.06.20 2013가합33917

청구이의

Text

1. Compulsory execution based on the Incheon District Court Decision 2006Gahap10107 Decided March 8, 2007 against the plaintiff by the defendants is 1.

Reasons

1. Basic facts

A. On May 3, 1993, the Defendants entered into a lease agreement (hereinafter “instant lease agreement”) between D and E on 501, 502, 601, and 602 of the building on the 8th floor of Incheon Nam-gu, G, and H ground (hereinafter “instant store”), and completed the registration of provisional disposition on June 27, 1994, in order to preserve the right to claim for the registration of establishment of the right to lease.

B. The Defendants filed a lawsuit seeking the implementation of the procedures for the registration of the establishment of the right of lease against D and E, but on September 23, 1996, a judicial compromise with respect to the instant store as to the establishment of the right of lease against D and E, 465,000,000 won for the lease deposit, 4,50,000 won for the rent month, and the lease term until December 31, 1996, has been established, and completed the registration of the establishment of the right of lease as to the instant store on December 24, 1996.

C. On November 12, 1994, the Plaintiff completed the provisional registration of the right to claim ownership transfer with respect to the instant store under the name of the Plaintiff, and completed the principal registration based on the said provisional registration under the name of the Plaintiff on September 24, 1996.

The Defendants filed a lawsuit against the Plaintiff who acquired the ownership of the instant store on February 10, 1997 against the Incheon District Court 97Gahap2197 (hereinafter “the lawsuit claiming the return of the lease deposit”). The lease contract of this case existed between the Plaintiff and the Defendants on April 9, 1997. The lease contract of this case was terminated on December 31, 1996, and the Defendants delivered the instant store to the Plaintiff on February 10, 1997, after the expiration of the lease term, and the Plaintiff delivered the Plaintiff the lease deposit amount of KRW 465,00,000,000, and from February 11, 1997, from March 14, 1997 to March 5, 197, the delivery date of the complaint claiming the return of the lease deposit of this case.