beta
(영문) 부산지방법원 2020.06.09 2019가단334513

추심금

Text

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

2. Defendant D shall be attached from Defendant B and C.

Reasons

1. Facts of recognition;

A. On July 16, 2015, Defendant B and C leased a building indicated in the attached list owned by Defendant D from Defendant D and have been residing until now.

B. On August 1, 2018, the Plaintiff received the Busan District Court’s order of seizure and collection against Defendant D, who is the garnishee on August 1, 2018, based on the executory exemplification of the judgment in respect of the claim for repayment of the lease deposit held by Defendant B and C against Defendant D, based on the Busan District Court’s 2017Kadan1611. The above order became final and conclusive.

C. On September 27, 2018, the Plaintiff sent to Defendant D a certificate of content that requested the payment of the collection amount according to the collection order, but Defendant D did not comply with the Plaintiff’s request.

The above lease contract between Defendant B, C, and Defendant D expired the lease term, and the Plaintiff expressed his intent to terminate the lease contract to Defendant B and C by exercising the right to terminate the lease contract on behalf of Defendant D through the delivery of a duplicate of the complaint of this case.

[Recognitions] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 4, Evidence No. 4, and the purport of the whole pleadings

2. According to the above facts of recognition, the lease contract between Defendant B, C, and Defendant D is deemed to have been lawfully terminated due to the expiration of the term. As such, Defendant B and C are obligated to deliver the buildings listed in the separate sheet to Defendant D, and Defendant D is obligated to pay KRW 74,466,534 as well as to deliver the buildings listed in the separate sheet from Defendant B and C.

3. According to the conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.