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(영문) 전주지방법원 2015.12.04 2014나7516

추심금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 8, 2010, the Defendant purchased 102 Dong-dong 1106 (hereinafter “instant apartment”) from Jeonjin-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), and completed the registration of ownership transfer on December 30, 2010.

B. On December 16, 2010 through agent E, the Defendant concluded a lease agreement with F on the instant apartment with a deposit of KRW 30,000,000, and the lease term of KRW 2 years from December 30, 2010 to December 29, 2012 (payment on December 30, 201) (hereinafter “instant lease agreement”).

After that, the lessee was changed to G (name H before the name of the name), which is the wife of F. G, on February 10, 201, G obtained a fixed date regarding the instant lease agreement as the lessee of the instant apartment at the Seocho-gu I community service center in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

C. On December 20, 2012, the Plaintiff was subject to a provisional attachment order of KRW 16,000,000 with respect to the claim amount for the refund of the lease deposit against the Defendant F and H as the Jeonju District Court 2012Kadan4752.

Then, after receiving the judgment on the merits from F as the Jeonju District Court 2012Ga39365, the Plaintiff was issued a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the claim to return the lease deposit against F to the Defendant by the Jeonju District Court 2013TT6211 on July 29, 2013, with its title as the title of execution.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the result of a fact inquiry about the head of the Dong at the previous week of this Court, the purport of the whole pleadings

2. Assertion and determination

A. The actual lessee of the Plaintiff’s instant lease agreement asserted by the parties is F.

Around February 10, 2011, F changed the name of the lessee to G after receiving a claim attachment and collection order from the Plaintiff from the Jeonju District Court Branch of 2011TTBE 201.607, however, F changed the name of the lessee to G for the purpose of evading the compulsory execution by the creditors, including the Plaintiff.