beta
(영문) 부산지방법원 2018.06.21 2017가단24317

청구이의

Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court, this Court shall take August 29, 2017.

Reasons

1. Basic facts

A. Nonparty C asserted that Nonparty D was transferred the right to refund the lease deposit to the Plaintiff, and filed an application for the conciliation of the transfer deposit with the Busan District Court 2014ss money8602. On May 30, 2014, the above court rendered a decision in lieu of conciliation (hereinafter “instant decision”) and made a decision in lieu of conciliation as follows. The above decision is the same year.

7.1. Finality has been established.

1) The respondent (the plaintiff of this case)

(C) The applicant (C) shall be paid KRW 15,00,000 to June 10, 2014. However, if the said money is not paid by the due date, the unpaid money shall be paid in addition to the damages for delay calculated at the rate of 20% per annum from the day following the due date to the day of full payment. (2) The applicant shall be released from provisional attachment of real estate completed by the Busan District Court 2013Kadan1608 at the same time as the respondent receives the money referred to in paragraph (1) from the respondent.

3) The Claimant waives the remainder of the claims. 4) The costs of mediation shall be borne individually by each claimant.

B. C transferred a claim against the Plaintiff based on the instant decision to the Defendant on August 1, 2014, and the Defendant was granted an execution clause succession to the instant decision pursuant to the said assignment contract.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff did not enter into a lease agreement, and thus, D or C's claim against the plaintiff is a false claim. The plaintiff's compulsory execution based on the succeeding execution clause against the decision of this case shall not be permitted.

3. The decision substituting for the conciliation of a judgment has the same effect as a judicial compromise in a case where an objection has become final and conclusive as there is no objection within two weeks from the date on which the authentic copy of the protocol was served on the party concerned (Articles 30 and 34 of the Judicial Conciliation of Civil Disputes Act). Thus, only the grounds arising after the final and conclusive date may be used as the grounds for objection,