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(영문) 서울중앙지방법원 2018.03.23 2017가단76389

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2017 Chicago502, September 8, 2017

Reasons

1. On August 29, 2012, the Defendant, as the first neighborhood living facilities of Jongno-gu Seoul Metropolitan Government, owned by the Plaintiff, registered the preservation of ownership in the name of the Plaintiff on January 8, 1998.

(2) On October 26, 2012, the term “the instant building” was set as KRW 120,000,000, and the term was 24 months from October 26, 2012.

After the expiration of the lease agreement, the Plaintiff did not refund the lease deposit, the Defendant filed a lawsuit against the Plaintiff at the Seoul Central District Court (2016da5257827). The said court affirmed the Seoul Central District Court (2016da5257827) on February 8, 2017 that “the Plaintiff (2016da5257827) shall pay KRW 340,00 to the Defendant (20,000 to the Plaintiff in the case of the 2016da5257827)” and the said judgment became final and conclusive around that time.

According to the above judgment, the Defendant applied for a compulsory auction of the real estate on the instant building, etc. to Seoul Central District Court D and the auction commenced on September 6, 2017, which is the first sale date (minimum sale price is KRW 1,222,323,310), and the execution is suspended as of September 13, 2017.

On September 5, 2017, the Plaintiff: (a) deposited the Defendant as the principal deposit; (b) KRW 120,340,000, the total amount of the deposit amount of the Seoul Central District Court Decision 2016Da5257827, supra; and (c) KRW 1,294,651 (the amount of deposit (hereinafter referred to as “amount of deposit”) at the Seoul Central District Court Decision 18876, Sept. 6, 2017, based on the statement (hereinafter referred to as “amount of deposit”) in the deposit amount of KRW 1,294,651 (the expenses for the execution of the compulsory auction of the said real estate).

The defendant received the notice of deposit from the deposit officer of the Seoul Central District Court at the time of the deposit and immediately receives the deposit.