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(영문) 대구지방법원 2015.11.19 2015나6232
약정금
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall enter the attached bond list in the plaintiff.

Reasons

1. Facts of recognition;

A. On July 9, 2008, the Defendant leased 302 out of the three detached houses of the first floor of the third floor of the building underground in the Daegu Northern-gu D Building (hereinafter “instant house”) owned by C with the lease deposit amount of KRW 23,000,000, and the lease term of KRW 8 months. On December 2, 2009, the Defendant was refunded KRW 5,300,000 among the above lease deposit even after the lease term expires.

B. On January 27, 2010, the Plaintiff purchased the instant house to C and completed the registration of ownership transfer in the name of the Plaintiff on the instant house on January 29, 201.

C. On October 25, 2010, the Plaintiff paid KRW 10,000,000 out of the remainder of the lease deposit (23,000,000-5,300,000) to the Defendant.

On January 26, 201, the Daegu District Court rendered a decision to commence a voluntary auction on the instant housing upon the application of the agricultural cooperative, the mortgagee of the collective security right, the Daegu District Court E on January 26, 201. On October 7, 2011, the court of execution opened a date of distribution on the date of distribution and set up a distribution schedule of KRW 14,00,000 as a small lessee (12,00,000 + 2,00,000), and KRW 3,70,000 as a lessee with a fixed date, as a lessee with a fixed date, to distribute the amount of KRW 23,263,03 to the Plaintiff who is the owner.

E. On October 17, 2011, the executing court deposited dividends of KRW 2,00,477 as the Daegu District Court No. 7228 of 201 pursuant to Article 160(1) of the Civil Execution Act with the Defendant as the principal deposit, and the dividends of KRW 3,700,863 as the said court No. 729 of 2011, and dividends of KRW 12,002,787 as the said court No. 7230 of 2011.

F. Meanwhile, on June 4, 2012, the Plaintiff: (a) made the Defendant liable on the part of the Defendant; and (b) made the Republic of Korea as a third debtor; and (c) made a provisional attachment of the dividend payment claim indicated in the separate sheet with the Defendant against the Republic of Korea by the Cheongdo District Court 2012Kadan36, Cheongdo Court; and (b)

【Uncontentious facts, Gap evidence 2, 5 evidence, Eul evidence 1 to 4, 7 evidence, and 5.

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