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(영문) 창원지방법원마산지원 2015.09.02 2014가단16930
전부금
Text

1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Basic facts

A. On August 2012, Defendant B, from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”), the real estate listed in the separate sheet (hereinafter “instant apartment”) was leased with a deposit of KRW 21.6 million, etc. (hereinafter “instant lease contract”). Thereafter, on September 22, 2014, the instant lease contract was renewed and determined on September 22, 2014, to the end of KRW 22,636,00,000, the lease deposit was renewed, and the rent was KRW 189,680, and the period from October 1, 2014 to September 30, 2016.

In the instant lease agreement, the Defendants agreed that the Defendant Corporation may terminate the instant lease agreement in the event that Defendant B did not pay arrears for at least three consecutive months.

B. Around August 2012, Defendant B transferred KRW 17.2 million, out of the claims to return the deposit under the instant lease agreement, to Gyeongnam-do and Haan-gun.

C. Meanwhile, on August 22, 2014, the Plaintiff filed a lawsuit against Defendant B, including the name map of a building, etc. with the Changwon District Court Decision 2013Da9690, the Plaintiff was sentenced to the judgment of August 22, 2014 that “Defendant B ordered the Plaintiff to order the relevant building, and paid the Plaintiff the amount of KRW 5,753,840, and the delay damages therefor, and the amount of money calculated at the rate of KRW 200,000 per month from November 11, 2013 to the name of the relevant building.”

According to the above judgment, the Plaintiff filed an application for the attachment and assignment order with respect to the claim for the refund of deposit against the Defendant Corporation under the instant lease agreement with the Changwon District Court Decision 2014TTT4851.

On October 16, 2014, the aforementioned court issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to the amount up to 5,951,740 won out of the remainder excluding the amount that can be preferentially reimbursed pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the Housing Lease Protection Act, among the claims for refund of deposit money under the instant lease agreement that Defendant B had against the Defendant Corporation, and the instant assignment order is the Defendant, the garnishee, October 21, 2014.

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