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(영문) 서울남부지방법원 2020.08.21 2019가단272996

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff by Seoul Southern District Court Decision 2012Kadan50869 Decided September 4, 2012.

Reasons

1. Formation of and succession to the title;

(a) The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence 1-1, 2, and 2, and Eul evidence 5:

On September 4, 2012, the Defendant filed a lawsuit against C to claim the return of lease deposit with Seoul Southern District Court 2012Kadan50869, which ordered C to pay “The amount of KRW 45,000,000 and damages for delay calculated at the rate of 20% per annum from August 2, 2012 to the date of full payment” (hereinafter referred to as “the judgment to return the deposit”) and the judgment to return the deposit became final and conclusive on June 5, 2013 following the dismissal of appeal on May 9, 2013.

On July 1, 2013, the Defendant filed an application for the determination of the amount of litigation costs with Seoul Southern District Court 2013Kadan533, and rendered a decision to determine that C is KRW 3,859,950 (hereinafter referred to as “determination of the amount of litigation costs”) that the amount of litigation costs to be repaid to the Defendant by the said judgment and the appellate court judgment, and the determination of the amount of litigation costs became final and conclusive on July 13, 2013.

The security deposit of the defendant, recognized in the judgment to return the security deposit, was the house lease deposit that the defendant leased from C to C the Ftel No. 8 G (hereinafter referred to as the "instant house") in Guro-gu Seoul and E, and paid to C. The defendant has opposing power under the Housing Lease Protection Act, and completed the house lease registration on June 24, 2013.

The Plaintiff acquired the ownership of the instant housing from C by completing the registration of ownership transfer on March 8, 2018 with respect to the instant housing on March 19, 2018.

On October 10, 2019, at the defendant's request, the succeeding execution clause was granted to the plaintiff, who is the successor of C, to implement compulsory execution against the plaintiff.

On December 10, 2019, an execution clause succeeded to the same purport was granted to the defendant with respect to the determination of the amount of litigation costs.

B. The Plaintiff is the Plaintiff under the Housing Lease Protection Act.