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(영문) 인천지방법원 2015.02.03 2014가단10655 (1)
토지인도등
Text

1. The defendant is simultaneously with the delivery of 2,579 square meters from the Busan Seo-gu D, Seo-gu, Incheon.

Reasons

1. Basic facts

A. On November 2, 2012, the Bank of Korea concluded a lease agreement with the Defendant setting the lease deposit amount of KRW 200,000,000,000 and the period from November 1, 2012 to October 31, 2013 (hereinafter “instant lease agreement”).

B. The defendant delivered the land of this case to the Heung Construction Industry, and the Heung Construction Industry paid KRW 200,000,000 to the defendant as lease deposit.

[Ground of recognition] Facts without dispute, Eul's entry of evidence No. 3, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff’s assertion (1) The Plaintiff, based on the authentic copy of a promissory note No. 368, 2013, issued a seizure and collection order on the claim for the return of the lease deposit against the Defendant of the interesting aggregate industry (hereinafter “instant claim”). Since the instant lease contract terminated on October 31, 2013, the Defendant shall pay KRW 100,000,000, which the Plaintiff seeks as part of the claim to the Plaintiff at the same time as the transfer of the instant land from the interesting aggregate industry.

(2) Since the defendant's claim of this case was already transferred and notified as a certificate with a fixed date, the seizure and collection order according to the plaintiff's request, which was later served, is invalid as the seized claim does not exist.

B. (1) On July 22, 2013, the Plaintiff issued a collection order for the claim amount of KRW 50,00,000 with respect to the instant claim under the Incheon District Court 2013TTT 22553 based on the authentic copy of a promissory note 368, which was in force by a notary public on July 22, 2013, based on the overall purport of the pleadings in each of the statements No. 1 and No. 3-1 and No. 2, No. 3-2, and following the Plaintiff’s application.

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