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(영문) 서울동부지방법원 2017.04.21 2016나1542
전부금
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that the Plaintiff claimed KRW 30 million and damages for delay against Nonparty E filed an attachment and assignment order with F of the Seoul Eastern District Court on the claim for return of lease deposit held by Nonparty E as to the claim for reimbursement of lease deposit against this period, and received attachment and assignment order.

This is because of the death of May 2, 2001, the designated parties, including the defendant (appointed parties), seek full payment, as stated in the purport of the claim.

2. According to the evidence No. 3, the applicant obligee of the above attachment and assignment order can be recognized as “G” and there is no evidence to acknowledge the identity of the Plaintiff and G.

There is no evidence to acknowledge that the Plaintiff was subject to attachment and assignment order regarding the claim for the refund of the above lease deposit.

3. The plaintiff's claim for the conclusion of the contract is dismissed in entirety as there is no reason to do so.

The judgment of the first instance court is unfair by different conclusions, and it is so decided as per Disposition by citing an appeal by the defendant (appointed party).

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