beta
(영문) 의정부지방법원고양지원 2019.07.11 2018가단82805

추심금

Text

1. Defendant C shall deliver to Defendant D the buildings listed in the separate sheet.

2. Defendant D shall list the attached list from Defendant C.

Reasons

1. Determination on the cause of the claim

A. (1) On April 2014, 2014, the lessor’s Defendant D determined the lease agreement (hereinafter “instant lease agreement”) as between the lessee and the Defendant C by setting the deposit amount of KRW 65,000,000 as to the instant building, monthly rent of KRW 650,000, and the period from April 15, 2014 to April 14, 2016.

(2) On July 18, 2014, the Seoul Western District Court issued a payment order (hereinafter “instant payment order”) stating that “Defendant C shall pay to the Plaintiff 13,945,648 won and 2,573,755 won per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”) with the content that the Plaintiff applied for a payment order against Defendant C, and that “The Seoul Western District Court shall pay to the Plaintiff 13,945,648 won and 2,573,755 won per annum from the day following the delivery date of the original payment order to the day of full payment.” The above payment order became final and conclusive at that time.

3) The Plaintiff’s right to refund the lease deposit against Defendant C’s Defendant D with the title of execution of the instant payment order (hereinafter “instant lease deposit return claim”).

(2) On June 27, 2017, upon filing an application for a collection order against the Defendant, the Plaintiff received a seizure and collection order against the remaining KRW 15,40,740, excluding the amount eligible for preferential repayment pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act, among the claims for return of the deposit for lease, (i) and (ii) the remainder of KRW 15,40,740, excluding the amount eligible for preferential repayment pursuant to the Housing Lease Protection Act and Article 8 of the Enforcement Decree of the same Act, and (ii) the said order was served on Defendant D around that time. (iii)

B. According to the facts of the recognition of the above part of the claim against Defendant C, after the lessor received a collection order regarding the right to claim the return of the lease deposit, the lessor and the lessee have made an explicit or implied agreement regarding the renewal or extension of the lease contract period.