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(영문) 수원지방법원평택지원 2019.12.06 2019가단1430

청구이의

Text

1. It is based on the judgment of the Suwon District Court rendered on November 23, 2018, which rendered to the Plaintiff by the Defendant, based on the Suwon District Court Decision 2018Da6766 Decided November 23, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a person who owns a Pyeongtaek-si Cro 597 square meters and a multi-family house with three floors above the ground (hereinafter “instant real estate”), and the Plaintiff is a person who leased the instant real estate D from the Defendant.

B. On November 23, 2018, the Defendant filed a lawsuit against the Plaintiff for claiming the return of the lease deposit (No. 2018da6666), and was sentenced to the said court’s ruling that “the Plaintiff shall pay to the Defendant the amount of KRW 10 million and the interest calculated at the rate of 5% per annum from July 15, 2018 to November 23, 2018, and 15% per annum from the next day to the date of full payment” (hereinafter “final judgment of this case”).

The above judgment was finalized as it is.

C. On December 31, 2018, according to the final judgment of this case, the Defendant filed an application for a compulsory auction to Suwon District Court E with respect to the instant real estate upon filing an application for a compulsory auction on January 3, 2019.

(hereinafter referred to as “instant auction procedure”. D.

On January 3, 2019, the Plaintiff deposited KRW 10,349,314 with the Jeonju District Court 2019 (17:5% per annum from November 24, 2018 to January 3, 2019) [10,00,000 won = 180,821 won (5% per annum from July 15, 2018 to November 132, 2018) as the final payment, and KRW 168,493 (15% per annum from January 24, 2018 to January 31, 2019). Meanwhile, the Defendant deposited KRW 197,00,000,000 for the instant auction procedure, including: (a) the enforcement fee and delivery fee; (b) the fact that there was no more than KRW 17,000,000 for the instant auction procedure; and (c) the Defendant’s annual auction procedure, including the aforementioned KRW 17,7,27,27,7,2017,20.20.7.7.

2. Determination

A. The above facts of recognition are examined.