건물명도등
1. The part against Defendant B among the instant lawsuit is dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
1. Facts of recognition;
A. On June 13, 2012, Defendant B leased the real estate portion of this case, which is a residential house, from Defendant C, for the period from June 13, 2012 to June 12, 2014, and around that time, paid the said deposit to Defendant C, and was on August 1, 2012 and the same year.
9.2. Each rent of KRW 800,000 was paid.
B. The Plaintiff received a collection order on August 6, 2012 from the Seoul Central District Court, 2012, 2011, 313,958,671 won, excluding the remainder of the claims for the lease deposit against Defendant C, which can be preferentially repaid pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act, among the claims for the lease deposit against Defendant C, and served the Defendant C, the garnishee, on November 8, 2012.
[Ground of recognition] The fact that there is no dispute, Gap 1-1, 1-2, 2, and the purport of the whole pleading
2. The assertion and judgment
A. The plaintiff's assertion that the defendant C is obligated to deliver the real estate portion of this case from the defendant Eul at the same time to the plaintiff, and at the same time to pay to the plaintiff the amount of 35,000,000,000 won for collection and damages for delay. Since the above lease expires upon the expiration of the above lease, the defendant C is obligated to deliver the above real estate portion to the defendant C. Thus, the plaintiff is entitled to seek delivery of the above real estate portion by subrogation of
B. Article 246(1)6 of the Civil Execution Act provides that the amount to be preferentially reimbursed pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act shall be prohibited from seizure. According to Article 8(1) and (3) of the Housing Lease Protection Act and Articles 3 and 4 of the former Enforcement Decree of the Housing Lease Protection Act (amended by Presidential Decree No. 25035, Dec. 30, 2013), lessees who are not more than KRW 75,000,000 of the deposit for real estate in Seoul Special Metropolitan City have the right to be paid in preference to other secured rights over KRW 25,00,00 among the deposit.
However, real estate is real estate.