(영문) 서울중앙지방법원 2017.05.24 2016가단5263266

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(영문) 서울중앙지방법원 2017.05.24 2016가단5263266

임대차보증금

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff: (a) from C, leased the lease deposit amount of KRW 137.69 square meters and KRW 172.11 square meters on 172.11 square meters on the 4th floor of Seocho-gu Seoul Metropolitan Government DD Building with KRW 50 million in total; and (b) KRW 8 million in total on monthly rent of KRW 4 million in each month; (c) as C sold the above building to the Defendant, the Plaintiff claimed for the return of KRW 100 million in the lease deposit against the Defendant on the ground that the Plaintiff refused to succeed to the lessor status and terminated the lease contract.

However, if there exists a seizure and collection order against the claim, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor loses the standing to file a lawsuit for performance against the seized claim.

(1) In light of the purport of the entire pleadings in the evidence Nos. 4 and 5 of this case, E, a third party debtor, designated the Plaintiff as the debtor and the Defendant as the third party debtor on January 5, 2017, filed an application for the seizure and collection order of the claim against the Plaintiff regarding the claim to return the lease deposit amount of KRW 101,214,718 against the Defendant in Seocho-gu Seoul, Seocho-gu District Court 2017TTTT17, and the above court issued the seizure and collection order of the claim to the Plaintiff on January 9, 2017. The above court issued the seizure and collection order of the claim to this effect on January 9, 2017, and the written decision on the seizure and collection order of the above claim to the Plaintiff on February 8, 2017.

According to the above facts, the claims for the return of the lease deposit against the fourth and fifth floors of Seocho-gu Seoul Metropolitan Government D building 4 and 5, which the plaintiff sought as the lawsuit in this case, had a collection order related thereto, so only the collection creditor may file a lawsuit for its performance. The plaintiff lost its standing as the party concerned.

Therefore, the Plaintiff’s lawsuit of this case is unlawful.

Therefore, we decide to dismiss the lawsuit of this case and decide as per Disposition.

참조판례

-대법원 2000. 4. 11. 선고 99다23888 판결

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