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(영문) 광주지방법원 2017.01.13 2016가단29512
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 7, 2011, E entered into a lease agreement between F and Dong-gu Gwangju Metropolitan City with respect to the entire second floor (hereinafter “instant real estate”) among the housing located in Dong-gu, Gwangju Metropolitan City (hereinafter “instant real estate”) with respect to the term of the contract from January 14, 201 to January 13, 2013, and KRW 25 million as lease deposit.

B. On October 25, 2012, E died, due to which the Defendant succeeded to the instant real estate, and C, the Defendant’s legal representative, agreed to renew the instant real estate lease agreement with F on January 14, 2013 on the same condition as that of the transfer.

C. On July 8, 2013, the Defendant received each service of the Gwangju District Court Decision 2013TTT 10640 and the collection order (the claimed amount of KRW 15,000,000) from the Gwangju District Court 2013TT 10,000, and September 18, 2014, which was requested by creditor I to the creditor I, by the Gwangju District Court 2014TT 16199 and the collection order (the claimed amount of KRW 66,62,100).

On January 14, 2015, the legal representative C agreed to renew the lease agreement with F on the instant real estate under the same conditions as the transfer. D.

On January 16, 2015, the Plaintiff: (a) issued a seizure and collection order (hereinafter “instant collection order”) with respect to the claim for return of lease deposit against the Defendant F, with the amount of claim KRW 25,000,00,000, by a notary public against F, who was the Gwangju District Court 2015TTY 476, a notary public of F, who was a law firm light, as the title of a promissorysory note with executory power prescribed in Article 710, 2014, which was drafted on December 10, 2014. The instant collection order was served on the Defendant around that time.

E. On September 25, 2016, the Defendant agreed to terminate a lease agreement with F on the instant real estate, and F transferred the instant real estate to the Defendant.

F. On October 19, 2016, the Defendant returned KRW 19 million out of the lease deposit to F (other than the unpaid public charges, etc., the actual amount paid is KRW 17,644,600), and on December 6, 2016, the Defendant was the depositor, H, I, and Plaintiff.

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