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(영문) 서울중앙지방법원 2020.10.16 2019가단5220963

추심금

Text

1. At the same time, the Defendant received apartment units from Nonparty C, and at the same time, KRW 33,00,000 to the Plaintiff.

Reasons

1. Basic facts

A. (1) On July 6, 1998, the Defendant completed the registration of ownership transfer on the apartment as stated in the attached Form (hereinafter “instant apartment”).

B. On August 30, 199, the Defendant concluded a lease contract with Nonparty C by setting the lease deposit amount of KRW 33,000,000 with respect to the instant apartment, and C completed the move-in report on September 2, 199.

Fidelity C completed the registration of housing lease on September 15, 2004 with respect to the apartment of this case.

B. On June 26, 2018, the Plaintiff acquired loan claims, etc. against Nonparty D D Co., Ltd., and subsequently received a payment order from Chuncheon District Court on October 23, 2018 with regard to the acquisition amount case, which was issued on October 23, 2018, and became final and conclusive on November 22, 2018.

C. The plaintiff was above B.

On December 18, 2018, the District Court issued a seizure and collection order of 2018TTTT 67044 dated December 18, 2018. The above order was issued to the defendant, who is the garnishee, on April 9, 2019.

【Ground Gap’s 1, 2, 3 evidence, Eul’s 1, 2, and witness C

2. Determination as to the cause of action

A. The question of who the lessor is the party involved in the contract is the interpretation of the intent.

If the parties agree with each other, the parties to the contract shall be determined according to their intention.

However, if the intent of the parties is not consistent, it should be determined on the basis of who understood as a party to the contract if a reasonable person is the party to the contract from the perspective of the other party to the expression of intent (see, e.g., Supreme Court Decision 2016Da237691, Sept. 10, 2019). The defendant is a holder of the ownership transfer registration of the apartment of this case, and C bears the testimony that the defendant is entered as a lessor on the lease agreement, and C completes the registration of the lease based on the above lease agreement. C is a non-party E, the former husband of the defendant delegated by the defendant.