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(영문) 서울동부지방법원 2016.07.08 2016나365
공탁금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff’s father He owned the F Ground Building in Daegu Northern-gu (hereinafter “instant building”) and died on November 26, 1994.

The Plaintiffs completed the registration of ownership transfer with respect to each of 1/3 shares of the instant building through an inheritance agreement division on September 23, 2002.

B. From June 1993, the Defendant leased and occupied part of the instant building (hereinafter “instant leased part”) and used it.

C. On November 2003, the plaintiffs filed a lawsuit against the defendant as the Daegu District Court Decision 2003Kadan120622, and the appellate court rendered a claim against the plaintiffs for the return of lease deposit on May 4, 2005, which stated that "the defendant received from the plaintiffs the amount of KRW 6,500,000, respectively, and at the same time, ordered the plaintiffs to order the leased portion of this case to the plaintiffs. At the same time, the plaintiffs received the order from the defendant for the leased portion of this case, and paid KRW 6,50,000, respectively, to the defendant" (the Daegu District Court Decision 2004Na210, 204Na10747, hereinafter referred to as "the final judgment of this case") and the above judgment (hereinafter referred to as "the final judgment of this case") became final and conclusive at that time.

The defendant applied for a compulsory auction on the building of this case with the final judgment of this case as executive title, and on March 29, 2006, the Daegu District Court G decided to commence the compulsory auction of real estate.

E. Around May 17, 2006, the Plaintiffs deposited KRW 6,500,000 as Defendant and KRW 6,963,420 as the Daegu District Court Decision 2006No407, which ordered payment in the final and conclusive judgment of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The return of the plaintiffs' claim 1 deposit is about the leased portion of this case in which the landlord was named as the defendant, while the plaintiff was acting as the defendant around December 13, 1994.

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