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(영문) 수원지방법원용인시법원 2016.06.30 2015가단237

청구이의

Text

1. The defendant's decision of performance recommendation for the case No. 2014Gapo-Ga court 2016 against the plaintiff was based on the Suwon District Court's decision of execution recommendation.

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in Gap evidence Nos. 1 through 3, the defendant filed a lawsuit against the plaintiff to claim the return of the lease deposit under this court No. 2014Gada46216, Dec. 1, 2014; the above court rendered a decision of performance recommendation as stated in the order; the plaintiff did not raise an objection on December 5, 2014; the above decision became final and conclusive as of December 20, 2014; the defendant filed an application for compulsory auction of real estate upon the above decision; the plaintiff failed to repay the above debt; and the plaintiff filed an application for compulsory execution of real estate on November 13, 2015; according to such decision, it is recognized that the repayment deposit of KRW 15,791,323,00 (No. 180, 2015 of the above court) with the plaintiff's debt owed to the defendant under the above decision has become extinct due to compulsory execution.

Therefore, the plaintiff's claim of this case is accepted as reasonable.