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Reasons
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(영문) 창원지방법원 2019.12.20 2019나56811
추심금
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1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On January 31, 2013, the Defendant purchased the f apartment G (hereinafter “instant apartment”) in Jinwon-si, Jinwon-si, Jinwon-si, which was owned by E, and completed the registration of ownership transfer in the name of the Defendant.

B. Since the Defendant acquired the ownership of the instant apartment, the mother H, acting for the Defendant, concluded a lease agreement with I around 2013, with the former owner of the said apartment in order to succeed to the status of the lessor pursuant to the lease agreement (hereinafter “the instant lease agreement”). On May 5, 201, the Defendant entered into a lease agreement with I for two years from May 7, 201 to May 6, 201 (hereinafter “the instant lease agreement”).

C. Around May 7, 2013, the instant lease agreement increased the rent to KRW 250,000 per month and was finally renewed on May 7, 2017.

At the time of the final renewal of the above lease agreement, on May 7, 2017, the Defendant entered into a real estate lease agreement with the lessee I, stating that “The Defendant leases the instant apartment at the lease rate of KRW 30 million, KRW 250,000 per month, and KRW 24 months from May 7, 2017.”

On the other hand, the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) filed a lawsuit against J against J to seek payment of the price of goods under the Busan District Court Decision 2015Da123689, Apr. 27, 2016, which became final and conclusive on June 22, 2016.

E. On November 22, 2017, the Plaintiff et al. obtained the execution bond of KRW 21,017,937 against J (=Plaintiff 3,725,641 KRW 39,985,96,829) with respect to “the deposit for the lease of apartment house of this case the JJ acquired the attachment and collection order of the said bond (hereinafter “the seizure and collection order of this case”) from the Changwon District Court 2017TTTT 9550 as to “the deposit for the lease of apartment house of this case the Defendant had against the Defendant”). The seizure and collection order of the said bond of this case was issued on July 2017.

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