전세권설정등기말소 등
1. The plaintiff (Counterclaim defendant) and the plaintiff's successor's main lawsuit and the defendant (Counterclaim plaintiff)'s counterclaim against the Gyeonggi Credit Guarantee Foundation.
1. Facts of recognition;
A. On November 10, 1999, Defendant A leased C Apartment 105 Dong 501 (hereinafter “instant apartment”) on four lots, such as Sungho Construction Co., Ltd. (hereinafter “Shohoho Lake Construction Co., Ltd.”) at KRW 39,50,000, monthly 95,000. As to the instant apartment, Defendant A was established on February 26, 2002 as the deposit money, and the term of the lease on a deposit basis was from April 25, 2001 to April 24, 2006. < Amended by Presidential Decree No. 18316, Feb. 26, 2002>
B. As to the apartment of this case, the defendant Gyeonggi Credit Guarantee Foundation, the creditor of the defendant A, completed the provisional attachment registration of the claim amounting to KRW 17,000,000, and the defendant KB Card Co., Ltd., the other creditor, upon receiving the decision of provisional attachment of the claim amounting to KRW 24,590,335, and the third debtor's claim amounting to KRW 24,590,335 (as ordered in order, Suwon District Court Order 2005Kadan5047 dated March 18, 2005, and Seoul Central District Court Order 2005Kadan87215 dated July 12, 2005).
C. The Defendant Gyeonggi Credit Guarantee Foundation filed a lawsuit against Defendant A seeking the performance of the reimbursement obligation, which is the preserved debt against the above provisional attachment decision, and received a recommendation of performance that “Defendant A shall pay to the Defendant Gyeonggi Credit Guarantee Foundation 19.354,635 won and damages for delay of KRW 17,491,555 out of them.”
(Seoul Central District Court 2006Gada115091). Then, on June 18, 2010, the Defendant Gyeonggi Gyeonggi Credit Guarantee Foundation received a seizure and collection order of the lease on a deposit basis, which transfers the provisional seizure on June 18, 2010, and seizes the remainder of KRW 18,996,052, as the execution title of the instant execution recommendation decision, (hereinafter “instant seizure collection order”), and this decision was served on Sung Construction on June 30, 2010.
From December 2004, Defendant A did not pay monthly rent (104,730 won) for the apartment of this case. From November 4, 2008, Defendant A had D, a creditor, reside.