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(영문) 서울중앙지방법원 2020.05.14 2019가단30127
임대보증금반환 등 청구의 소
Text

1. From March 4, 2019, Defendant C apartment housing reconstruction and rearrangement project partnership for the Plaintiff A with a total of KRW 70 million and its related amount.

Reasons

1. Facts of recognition;

A. Succession to the lessor’s status and India’s decision 1) Defendant C Apartment Housing Reconstruction Project Association (hereinafter “Defendant Association”) succeeded to the lessor’s status as a lessor of a lease agreement causing KRW 70 million between the Plaintiff and the previous lessor by completing the registration of ownership transfer due to the trust with respect to the building listed in the separate sheet (hereinafter “instant building”). 2) The Defendant Union was sentenced to a provisional execution on January 17, 2019 that “Plaintiff A shall receive KRW 70 million from the Defendant Association and deliver the instant building at the same time as the delivery of the instant building” after obtaining the authorization of the management and disposition plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the said building, etc.

B. 1) The Defendant Union filed an application for compulsory execution with this court on January 31, 2019 based on the judgment of the provisional execution department. 2) The enforcement officer E, who was entrusted with the said enforcement, completed the procedure of voluntarily guiding the performance on February 12, 2019, and was placed on the instant building as the representative F of the Defendant Union for the commencement of compulsory execution on March 4, 2019.

3) Although F, an agent of the Defendant Union, was planned to offer performance of the claim for the lease deposit at the time, F was unable to offer performance of the above lease deposit due to the lack of the Plaintiffs in the above building. 4) The enforcement officer E was currently in preparation for repayment of the lease deposit, and the F was forced to open a door that was corrected by the end of F to deposit the deposit immediately after the commencement of the enforcement, and the enforcement was completed on the same day.

5) On March 6, 2019, after the completion of the compulsory execution framework, the Defendant Union deposited KRW 70,004,480 as deposit money and damages for delay up to the deposit, on the ground that “the rejection of receipt by creditors” was the cause for deposit. The fact that there is no dispute over the ground for recognition, A, 1, 2, 3, 5, and 5.

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