추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination on the cause of the claim
A. On February 25, 2002, C entered into a contract with the Defendant on the lease deposit amount of KRW 35,000,000,000, and the lease period of KRW 12 months from March 20, 2002 (hereinafter “instant lease contract”), and entered into the instant house after the full deposit amount was paid.
B. On July 2, 2014, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) as to KRW 35,000,000 from the Suwon District Court Decision 2014TT’s 14487, on the basis of the authentic deed of a promissory note with executory force, as to the claim to return the lease deposit of this case against the Defendant of C, and the collection order was served on the Defendant, who is the garnishee, on July 7, 2014.
[Grounds for recognition] The defendant is obligated to pay the above collection amount of KRW 35,00,00 and damages for delay to the plaintiff, a collection obligee, in accordance with the facts without dispute, Gap evidence 1, 2, and 5.
2. Judgment on the defendant's defense
A. The summary of the defense asserts that since F who was awarded a successful bid of the instant house succeeded to the status of a lessor under the instant lease agreement, the Defendant transferred the obligation to return the lease deposit of this case to F, and that the Defendant, a lessor, extinguished the obligation to return the lease deposit of this case.
B. The facts of recognition (1) C completed a move-in report on the instant house on February 4, 2002, and continuously resided in the instant house and renewed the instant lease agreement with the Defendant every year.
(2) Meanwhile, on October 16, 2008 and October 17, 2008, the Korean Bank completed the registration of creation of a neighboring mortgage on the instant housing and its affiliated buildings. On March 29, 2013, it applied for voluntary auction on the instant real estate to Suwon District Court E, and the auction procedure (hereinafter “instant auction”) started. The F participated in the instant auction and received the bid price and won the instant housing on April 8, 2014.