건물인도 등 청구의소
1. Defendant A shall deliver to Defendant B the buildings listed in the separate sheet.
2. Defendant B shall list the attached list from Defendant A.
1. Evidence No. 1 through 8 and the purport of the whole pleadings;
A. On October 1, 2008, Defendant A and Defendant B entered into a lease agreement with Defendant B on the lease deposit of KRW 30 million with respect to the building listed in the separate sheet (hereinafter “instant housing”) on October 1, 2008, and with the term from October 1, 2008 to October 1, 2010, under which Defendant B agreed to lease the instant housing (hereinafter “instant lease agreement”). Defendant B paid the deposit of KRW 30 million to Defendant B and moved into the instant housing.
After that, Defendant A and Defendant B have renewed the lease.
B. The Plaintiff’s provisional attachment determined the amount of KRW 10 million as the claim amount and filed an application for provisional attachment against the Defendant A, Defendant B as the obligor, and Defendant B as the garnishee, and Defendant B filed an application for provisional attachment against the claim to return the lease deposit (hereinafter “the lease deposit claim in this case”). On June 23, 2011, the provisional attachment order was issued on the provisional attachment order of the claim (Usu District Court 201Kadan953), and the provisional attachment order was served on the Defendant B on July 16, 2011.
C. On August 8, 2012, the Plaintiff filed a claim for indemnity against Defendant A for a lawsuit against Defendant A, and rendered a judgment that “Defendant A shall pay to the Plaintiff 9,989,315 won and 9,988,244 won, 14% per annum from August 9, 2011 to July 19, 2012, and 20% per annum from the next day to the date of full payment” (Seoul Central District Court 201Da370504). The said judgment became final and conclusive on August 28, 2012.
On April 5, 2016, the Plaintiff requested the seizure and collection order on April 5, 2016, by determining the amount requested by the Plaintiff based on the above final judgment as KRW 18,708,915, and requesting for the seizure and collection order on the claim to return the lease deposit of this case to be returned to the principal seizure (U.S. District Court 2016TB10260), and the original copy of the said decision was issued on April 14, 2016.