청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added additional judgments as to the matters claimed in addition, and thus, it is identical to the ground for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Defendant’s assertion 1) According to the instant enforcement title, the Plaintiff shall pay to the Defendant the amount calculated by “72 million won and the amount calculated by 5% per annum from January 19, 2015 to April 1, 2016, and 15% per annum from the next day to the day of full payment.” 2) F purchased the leased house of this case at the auction procedure (U.S. District Court E) for the leased house of this case, thereby taking over the Plaintiff’s obligation to refund the lease deposit to the Defendant on July 17, 2017. As such, damages for delay from January 19, 2015 to July 17, 2017 are total 18,16,027 won.
3) Since F’s debt amount is KRW 72 million, F’s debt amount is KRW 90,166,027,027, total amount of the principal and interest of the Plaintiff’s debt against the Defendant (the principal KRW 72,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won
Therefore, compulsory execution based on the title of this case shall not be permitted to the extent that it exceeds the amount calculated by the rate of 15% per annum from August 11, 2017 to the date of full payment.
B. Article 3(4) of the Housing Lease Protection Act provides that a transferee of a rental house which is the object of a lease that satisfies the requirements for counterclaim under Article 3(1) shall be deemed to succeed to the status of a lessor. This shall be deemed to be a provision on the obligatory succession of law.