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(영문) 춘천지방법원 2015.11.24 2015가단5203
제3자이의
Text

1. A notarized deed No. 301 of April 3, 2015 prepared by the Defendant against C on April 3, 2015.

Reasons

1. In full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 3 and 4, it is recognized that the defendant applied for the attachment and collection order of the claim under the separate sheet No. 301 on April 3, 2015 with respect to the claim stated in the separate sheet No. 301 (hereinafter "the claim to return the lease deposit of this case") by a notary public against Eul on April 3, 2015 (hereinafter "the above claim of this case") and conducted compulsory execution upon acceptance of the acceptance from the above court on June 18, 2015 (hereinafter "the attachment and collection order of this case") by requesting for the attachment and collection order of the claim No. 2015-Ta 10130 on June 18, 2015.

A. On February 16, 201, the Plaintiff’s spouse C entered into a lease agreement with E as between February 16, 201 with respect to the instant apartment by setting the lease deposit amount of KRW 105,00,000 and March 2, 2013 as the lease deposit amount of KRW 102,00 and the lease term of KRW 103 (hereinafter “instant apartment”). On February 16, 2013, when the above lease term expires, the Plaintiff agreed to transfer the above lease deposit repayment claim to the Plaintiff as a property division under the premise of divorce, and the Plaintiff entered into a new lease agreement with the same amount as the lease deposit for the instant apartment between E on February 16, 2013. Thus, the above lease deposit obligee should not be subject to compulsory execution based on the instant seizure and collection order issued on the premise that C is a person who has the right to claim the return of the lease deposit.

B. In full view of each of the statements in evidence Nos. 5, 6, and 9, the Plaintiff’s spouse C entered into a lease agreement with E on February 16, 201 by setting the lease deposit amount of KRW 105,00,000,00 with respect to the instant apartment between E and E on March 2, 2013, and on February 16, 2013, when the above lease term expires, the Plaintiff entered into the lease agreement with E on February 16, 2013, with the lease deposit amount of KRW 105,00,000 with respect to the instant apartment between E and E.

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