추심금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Facts of recognition;
A. On November 8, 201, the Defendant acquired ownership of 51 Dong-dong 1304 (hereinafter “instant apartment”) of Songpa-gu Seoul Metropolitan Government D apartment on November 8, 201.
On January 27, 2012, E and his family members, who are the Defendant’s diversity, resided in the instant apartment on January 27, 2012, and E transferred to Yongsan-gu Seoul Metropolitan Government I on February 17, 2014.
B. On February 5, 2012, the Plaintiffs and E leased from the E a deposit amount of KRW 220 million for G apartment 104-dong 1003 (hereinafter “instant apartment 1003”) owned by the Plaintiffs and E (hereinafter “instant apartment 20 million”).
C. (1) The Plaintiffs, as the lease deposit for each of the instant separate apartments, remitted the amount of KRW 10 million on February 5, 2012 and KRW 19 million on the following day to E with the lease deposit for each of the instant separate apartments.
On March 30, 2012, the remaining payment date of the lease deposit, the Plaintiffs remitted the remainder of KRW 200 million to the Plaintiffs, and E transferred the instant apartment on the same day.
(2) On March 30, 2012, E received the aforementioned KRW 200 million from the Plaintiffs and transferred the money to the Defendant at around 12:00,000,000 among them (hereinafter “instant money”). D.
On January 10, 2014, the Plaintiffs filed a lawsuit claiming the return of the lease deposit against E with respect to the instant separate apartment units (Seoul Eastern District Court Decision 2014Gahap100182) and on April 9, 2014, the said judgment became final and conclusive on May 23, 2014.
E. On March 12, 2014, the Plaintiffs, as the right to the repayment of the lease deposit amount of KRW 110,000,000 against E, the claims for the repayment of the lease deposit amount of KRW 110,00,000 against E, was provisionally seized (hereinafter “the instant provisional seizure”) with respect to the instant apartment lease deposit claim to the Defendant (Seoul East East District Court 2014Kadan10203), and the above order was issued.