(영문) 수원지방법원성남지원 2015.09.08 2014가단21914

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(영문) 수원지방법원성남지원 2015.09.08 2014가단21914

승계집행문부여에 대한 이의

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1. The Defendant and the Nonparty Co., Ltd., the Suwon District Court, Sungnam Branching 2014 tea97.

Reasons

1. The basic facts

1) On April 29, 2009, the defendant is the non-party corporation, Pakistan Golf Co., Ltd. (hereinafter "non-party company").

) A member of a golf driving range operated by the Plaintiff was admitted to the membership of the Plaintiff, and three years have elapsed from the date of entry, and thereafter withdrawn from the Plaintiff in accordance with the membership agreement, and demanded the Nonparty Company to return KRW 50 million from the membership fee. The Defendant filed an application with the Nonparty Company for a payment order of the membership fee with the court 2014Ra97, which did not return the remainder. On January 23, 2014, the court held that “the Nonparty Company would pay to the Defendant 30 million won and 20% interest per annum from the day following the date of delivery of the instant payment order to the day of full payment” (hereinafter “instant payment order”).

(2) On April 11, 2014, the Defendant deemed the Plaintiff as the successor of the non-party company, and applied for the grant of the inheritance execution clause to the Plaintiff regarding the instant payment order. On July 3, 2014, the court chief clerk C received the transfer execution clause (hereinafter “instant succession execution clause”) from the Plaintiff on July 3, 2014.

B. On November 26, 2009, the Plaintiff leased to the Nonparty Company the lease deposit amount of KRW 1 billion for the lease deposit, annual rent of KRW 1.43 billion (excluding value-added tax) for the lease deposit, and the lease period of KRW 1.43 billion for the lease contract as of May 18, 2017 (hereinafter “instant lease contract”), and the said lease contract includes the following:

- Article 5 (Contribution, etc.) ① In the event that the contract has been terminated due to the expiration of this contract term or the circumstances of the non-party company, the non-party company does not have the condition to the plaintiff on the leased object of this contract, such as the building and all other facilities established by

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