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(영문) 수원지방법원성남지원 2016.08.12 2015가단37572
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2015, the Plaintiff filed a loan claim against Nonparty C with the Suwon District Court Sungnam Branch (2014Gahap6189). On November 10, 2015, the said court rendered a judgment that “C shall pay to the Plaintiff 105,00,000 won and the amount calculated by the rate of 5% per annum from November 12, 2008 to July 29, 2014, and 20% per annum from the next day to the day of full payment” (hereinafter “related judgment”). At present, C appealed appealed to the Seoul High Court and continues to file a lawsuit with the Seoul High Court 2015Na21730.

B. According to the relevant judgment, the Plaintiff filed an application for the attachment and collection order with the Suwon District Court (2015TTT 11176) regarding C’s claim for the return of the lease deposit against the non-party Korea Land and Housing Corporation and the claim for the return of the lease deposit against the Defendant, and the said court decided on October 16, 2015 the attachment and collection order (hereinafter “instant attachment and collection order”), and the said order was served on the Defendant on November 3, 2015.

C. On September 20, 2008, C entered into a lease agreement with Nonparty D (Edgrants before the Edgrants) on the ground (hereinafter “instant real estate”) of KRW 271m2 in Seongbuk-gu, Seongbuk-gu, Sungnam-gu (hereinafter “instant real estate”) at KRW 25,00,000 and KRW 24 months during the lease deposit period. Since the period of the said lease agreement expired, D entered into a lease agreement with the Edgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgs on September 20, 2014 on KRW 25,00,000,000 and the period of 24 months.

(hereinafter “instant lease agreement”). D.

The Defendant is the owner of the instant real estate.

E. Meanwhile, the Plaintiff filed a lawsuit against the Korea Land and Housing Corporation for a collection claim against the Sungwon District Court (2015No. 31314). On March 11, 2016, the said court recognized a lease agreement between C and the Korea Land and Housing Corporation (the partial change) on September 4, 2013, while the deposit refund claim is recognized, Article 8 of the Housing Lease Protection Act and the Housing Lease Protection Act are subject to the Housing Lease Protection Act.

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