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1. The part of the claim for monetary payment in the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.
Reasons
1. Facts of recognition;
A. On March 18, 2014, the Defendant entered into a lease agreement with the Plaintiff’s agent on the Plaintiff’s ground D apartment 104 Dong 1503 (hereinafter “instant apartment”) on the following terms: “Lease KRW 100 million, KRW 600,000 per month of rent, and KRW 12 months from April 21, 2014 to April 20, 2015” (hereinafter “instant lease agreement”), and resided in the instant apartment.
B. On March 6, 2015, the Defendant asserted that the Plaintiff was a director of the instant apartment on or around March 2015, and filed an application against the Plaintiff for a payment order (U.S. District Court Decision 2015Da1858, Jun. 30, 2015) seeking payment of the Plaintiff’s “10 million won of the rental deposit and the amount of delay damages calculated at the rate of 20% per annum from the next day of the delivery of the original copy of the payment order for the rental deposit and its payment to the day of full payment (U.S. District Court Decision 2015Da1858, Jun. 30, 2015). The payment order (hereinafter “instant payment order”) issued to the Plaintiff on July 6, 2015, which became final and conclusive as it was the objection period by the Plaintiff’s failure to raise any objection thereto.
Meanwhile, the Plaintiff paid KRW 2.7 million to the Defendant from May 2015 to January 2016.
C. Based on the original copy of the instant payment order, the Defendant applied for a compulsory auction on the instant apartment to Suwon District Court E on September 2015, and the said court rendered a decision to commence compulsory auction on September 18, 2015.
(hereinafter referred to as “instant auction”) D.
In the instant auction procedure on March 4, 2016, the highest price for the instant apartment was sold to I by the purchaser, and the highest price was decided on March 11, 2016. The highest price purchaser paid in full the sales price and completed the transfer registration of ownership in I’s name on March 21, 2016.
On the other hand, on March 9, 2016, the Plaintiff paid to the Defendant the sum of KRW 100,000,000,000 for principal and auction expenses of KRW 5,90,000,000 to the Defendant.