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(영문) 수원지방법원성남지원 2014.10.01 2014가합1436

청구이의

Text

1. The defendant's case of Suwon District Court 2013 tea 3115 collection amount against the defendant's plaintiff.

Reasons

1. Basic facts

A. C around December 5, 1995, leased part of the first underground floor among the houses located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by the Plaintiff from the Plaintiff to KRW 7,000,000 per deposit, and KRW 250,000 per month of rent, and thereafter reside in the instant building with wife E and F.

B. A notarial deed and collection order 1) around 2010, F prepared and executed a notarial deed (No. 91, 2010, a notary public, a law firm Lee Jae-sung) stating that the Defendant would repay KRW 125,00,000 to the Defendant. The Defendant, based on the above notarial deed, is the Plaintiff of Seoul Southern District Court 201, the amount claimed as KRW 125,019,300, the debtor F, and the third party debtor, based on the notarial deed, as Seoul Southern District Court 2011, and the Defendant is the Plaintiff of the notarial deed. “The amount up to the above claim out of the remainder other than the amount that the F would be entitled to preferential repayment pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act (hereinafter “the amount of preferential repayment right”) from the returned claim for the lease deposit paid by the Plaintiff when leasing the building of this case.” The collection order is issued on February 17, 2012.

(2) On January 4, 2013, the collection order of the instant case was served on the Plaintiff on February 23, 2012. 2) C, F, and E (hereinafter “C, etc.”) paid 125,00,000 won to the Defendant and interest or delay damages thereon, and C and E set up a notarial deed of money loan agreement (No. 10, 2013, a notary office deed of G office deed of a notary public) for the joint and several liability of F to the extent of KRW 125,00,000,000, and the Defendant paid 125,057,950 won on the basis of the said notarial deed as claimed by Seoul Southern District Court 2013TTT164, and the debtor C, etc. and the third debtor.