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(영문) 의정부지방법원고양지원 2015.02.12 2014가단29431

청구이의

Text

1. The Defendant’s enforcement force of the case involving the return of the deposit for lease on the deposit basis (No. 2011 Ghana 42789) by the Goyang Branch of the District Court against C.

Reasons

1. Facts of recognition;

A. On August 18, 2010, the Defendant filed an application for provisional attachment against the real estate listed in the attached list C (hereinafter “instant housing”) as the preserved claim against the claim amounting to KRW 15,000,000 of the lease deposit amount with respect to C as the preservation claim, and filed a provisional attachment order against the instant housing on August 18, 2010 (hereinafter “instant provisional attachment”), and the provisional attachment registration was completed around that time.

B. On June 24, 2011, the Defendant filed a lawsuit against C by filing a claim for the refund of the deposit for the deposit for the deposit for the lease of the deposit with the Jung-gu District Court High Court Decision 201Da42789, the Defendant rendered a decision of performance recommendation (hereinafter “the instant decision of performance recommendation”) that “C shall pay to the Defendant the amount calculated at the rate of KRW 15,00,000 and 20% per annum from the day following the delivery of the complaint to the day of full payment.” The instant decision of performance recommendation was served to C on December 1, 2011, and became final and conclusive on December 16, 2011.

C. After that, the Plaintiff acquired the ownership of the instant house from C, and the Defendant filed an application for a compulsory auction against the instant house with the Gobu District Court Goyang Branch D and rendered a decision to commence compulsory auction on May 22, 2013.

On August 21, 2014, the Plaintiff deposited KRW 15,000,000 and KRW 1,278,370 in the aggregate of the provisional seizures of this case as the gold No. 2892 in 2014 and KRW 16,278,370.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the above deposit made by the plaintiff in order for the plaintiff to pay C's obligation on behalf of the third acquisitor of the house of this case (see Supreme Court Decision 98Da43441, Nov. 10, 1998). Since it is determined that the execution expenses paid by the defendant were fully paid, the defendant shall include advance payment of KRW 991,760, delivery charges, and attorney's substitute fee of KRW 300,000,000.