beta
(영문) 서울남부지방법원 2019.03.21 2018나1068

추심금

Text

1.The judgment of the first instance shall be modified as follows:

The counterclaim Defendant pays 20,980,645 won to the counterclaim.

Reasons

1. Facts of recognition;

A. On January 31, 2008, the Plaintiff, the owner of the instant building, entered into a lease agreement with D on a deposit of KRW 20,000,000, monthly rent of KRW 2,000,000, and the lease period of KRW 2,000 from February 25, 2008 to February 24, 2010 (hereinafter “instant lease agreement”).

Since then, the instant lease contract was implicitly renewed several times, and its rent was increased by KRW 2,400,000 per month.

B. D began to pay the rent of KRW 2,400,000 per month from October 25, 2016, and eventually promised to deliver the instant building to the Plaintiff by April 25, 2017, on March 8, 2017.

C. On November 13, 2015, the Defendant filed an application for compulsory execution (Seoul Southern District Court 2017No469) with respect to each of the corporeal movables listed in the attached Table D, including air conditioners, owned by the instant building (hereinafter “instant corporeal movables”) as a title of execution against D (Seoul Southern District Court 2014Da43914, Nov. 13, 2015), and upon such application, the execution officer affiliated with the Seoul Southern District Court seized the instant corporeal movables and kept them to D.

The above enforcement officer notified D that “any person shall be punished in cases where he/she disposes of or conceals the instant corporeal movables without disposing thereof, or damages the seizure indication.”

D around May 25, 2017, the instant corporeal movables and wastes were left as they were in the instant building while leaving the instant building.

Therefore, although the Plaintiff demanded D to take the instant corporeal movables out, D rejected the Plaintiff’s demand on the ground of the seizure of corporeal movables.

E. On June 20, 2017, the Defendant purchased the instant corporeal movables at the auction date of the compulsory execution of the said corporeal movables.

F. On June 26, 2017, the Plaintiff sent content-certified mail to the Defendant.

The main content of the content-certified mail is that of this case’s corporeal movables to the Defendant on July 2017.