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(영문) 대구지방법원 2015.11.18 2014가단47396
임대차보증금
Text

1. Defendant C’s KRW 63,569,316 as well as KRW 20% per annum from November 26, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On July 25, 2001, the Plaintiff filed a lawsuit with the Daegu District Court No. 2001Da60306 against the Defendants, D, and E, claiming the return, etc. of the lease deposit of the building indicated in the separate sheet (hereinafter “instant building”).

On October 5, 2004, the above court rendered a judgment that "the defendant, D, and E shall receive an order from the plaintiff to 76 square meters of the three-story housing among the instant building, and shall jointly pay KRW 63,569,316 to the plaintiff" (hereinafter referred to as "201da60306").

The above judgment was finalized on October 29, 2004.

B. On March 31, 2006, the 3rd floor of the instant building was a building constructed without permission and not registered. (ii) On March 31, 2006, the 3rd floor of the instant building was to be restored to its original state. (iii) On March 31, 2006, the 3rd floor of the instant building was to be restored to its original state.

On June 28, 2006, the Gyeongsan-si accused the Plaintiff, F, and E on the ground that it failed to comply with the above corrective measures.

3 E filed a lawsuit against the Plaintiff seeking delivery of the third floor of the instant building as Daegu District Court 2006Kadan119593, when requesting the postponement of the deadline for removal at Gyeongsan-si.

On November 10, 2006 between E and the plaintiff, "1.00 between E and the plaintiff, in order to repay the amount of money by the decision of the lease deposit case No. 60306 of this court against the plaintiff, and to implement the provisional seizure order of this court 2003Kadan3949 and the provisional seizure order of claims No. 2005 Tadan7089 and the collection order of claims No. 28,274,402, the amount of the claims for provisional seizure, and 35,274,402, the sum of the claims for the collection, shall be deposited in this court by December 10, 206.

2. The Plaintiff was paid KRW 27,094,914, which deducted KRW 35,274,40,00 from the above judgment amount of KRW 28,294,914 from KRW 63,569,316, and deducted KRW 35,274,402 from the above deposit amount of KRW 28,29,914 from E, and at the same time received KRW 27,09,914 from E, until December 30, 206.

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