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(영문) 부산지방법원 2015.10.13 2015가단219449
추심금
Text

1. Defendant A shall deliver the real estate listed in the attached list to the comprehensive development company as one of the Defendant Co., Ltd., and the above.

Reasons

1. Basic facts

A. Defendant A entered into a contract to establish a right to lease on a deposit basis with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and the comprehensive development (hereinafter “the instant real estate”) as one of the Defendant Co., Ltd., and the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant A entered into a contract to establish a right to lease on a deposit basis from March 5, 2004 to March 5, 2006, and completed the registration of establishment of a right to lease on a deposit basis (hereinafter “registration of lease on a deposit basis”) as Busan District Court’s Busan District Court’s receipt No. 8571 on March 8, 2004.

B. In the Busan District Court loan loan No. 2012 tea12811, which the Plaintiff filed against the Defendant A, the payment order was finalized, stating that “Defendant A shall pay to the Plaintiff 27,092,211 won and 20,304,591 won among them, 19% per annum from July 3, 2012 to the delivery date of the original copy of the instant payment order, and 20% per annum from the next day to the date of complete payment.”

C. From among the security deposit claims for the instant real estate, the Plaintiff received the Busan District Court 2015 Other Doz. 8215 (hereinafter “instant seizure and collection order”) with respect to KRW 38,608,413 on the original copy of the above payment order, and the said order was served as one of the Defendant on April 14, 2015.

According to the above seizure and collection order, Busan District Court's Busan District Court's registry office was accepted on April 20, 2015, and the registration of seizure of chonsegwon Claim (hereinafter "registration of seizure of this case") was completed on April 20, 2015.

[Reasons for Recognition] Defendant A: A without dispute, each entry in Gap evidence 1 through 4, the purport of the whole pleadings, and comprehensive development as one of the defendants: deemed confession (Article 150(3) of the Civil Procedure Act)

2. Determination:

A. In order to preserve the claim for the return of lease on a deposit basis, the Plaintiff’s judgment on the claim against Defendant A, the settlor of chonsegwon, in subrogation of comprehensive development as one of the Defendant, who is the settlor of chonsegwon, shall transfer the instant real estate to Defendant A and cancel the registration of

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