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(영문) 의정부지방법원 2018.01.24 2017가단116005

추심금

Text

The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

가. 원고(선정당사자, 이하 ‘원고’라고만 한다)와 선정자들은 2012. 4. 26. C의 남편이자 대리인인 D로부터 C 소유의 광주시 E 임야 1,653㎡를 매매대금 5,000만 원으로 정하여 매수한바 있는데, 위 임야가 산비탈에 위치하고 있어 묏자리로 사용하기 어려운 곳이라는 이유로 수원지방법원 성남지원 2013가단48073호로 C, D을 상대로 불법행위를 원인으로 한 손해배상 등을 구하는 소송을 제기하였다.

B. On April 29, 2016, in the said lawsuit, the judgment was rendered that “C shall obtain from the Plaintiff and the Selection, the procedure for cancelling the registration of transfer of ownership, which was completed on July 5, 2012 by the Sung-nam Branch of the Suwon District Court with respect to the 1,653 square meters of woodland E 1,653 square meters in Gwangju City, the Sung-nam Branch of the Sung-nam Branch of the Sung-nam Branch of the Gwangju Branch of the 43740 square meters, and simultaneously pay KRW 50 million to the Plaintiff and the Selection,” and both appeals were dismissed in the appellate trial, but it was finalized as is.

C. On the other hand, on April 6, 2012, the Defendant: (a) leased the second floor of the building F (hereinafter “instant building”); (b) KRW 120,000,000,000,000,000,000 for the lease deposit (the lease contract was written in two copies by dividing the deposit into KRW 390,000,000,000; and (c) on January 23, 2014, the Plaintiff and the designated parties provisionally seized the amount of KRW 50,00,000,000 (the claim amount with C, KRW 35,00,000,000,000 for the claim amount, KRW 15,000,000,000,000 for the Defendant’s claim for the refund of the lease deposit against C and D.

After that, according to the above judgment on December 29, 2016, the Plaintiff and the designated parties issued a seizure and collection order (the amount of KRW 35 million among them shall be transferred from the above provisional seizure to the seizure; hereinafter “the collection order of this case”) against the Defendant, and the original copy of the above seizure and collection order was served on the Defendant on January 25, 2017.

[Reasons for Recognition]