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(영문) 인천지방법원 2016.12.16 2016가단31472
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. On September 16, 2010, the Plaintiffs leased KRW 42 million to the Defendant KRW 201,000,000,000, KRW 42,000,00,000, KRW 201 (hereinafter “instant real property”).

B. After the termination of the lease agreement, the Defendant filed a lawsuit against the Plaintiff A and B to return the deposit amount of KRW 42 million with the Incheon District Court Branch of 2014Gadan28499, and the Plaintiff C to the Plaintiff as Incheon District Court Branch of 2015Kadan1414, and the Plaintiff C to return the deposit amount of KRW 42 million. The Defendant was sentenced to each of the Defendant’s winning decisions on October 29, 2014 and September 10, 2015, and each of the said decisions became final and conclusive around that time.

C. Upon the Defendant’s request that the original copy of each of the above judgment was made in the name of debt, each of the above G building Nos. 201, 301, 401, and 501, which were owned by the Plaintiffs, was rendered a decision to commence compulsory sale of the G building Nos. 201, 301, 401, and 501. On December 30, 2014, Incheon District Court Hacheon Branch Branch of the Incheon District Court Hacheon Branch of the Incheon District Court, October 12, 2015, Incheon District Court 2014, Incheon District Court 2014, 38398, February 12, 2015, Incheon District Court 2015, 2015TTB1965, and each of the claims against Plaintiff A and the National Bank of Korea were issued a collection order.

On September 16, 2015, the Plaintiffs sold each of the real estate listed in paragraph (c) above to J and K, and completed the registration of ownership transfer for reasons of the said sale to J and K on December 18, 2015. On December 21, 2015, the Plaintiffs paid KRW 42 million to the Defendant, including deposit money of KRW 42 million and the withdrawal of auction.

E. On December 21, 2015, the Defendant submitted an application for compulsory auction of each of the above real estate on December 21, 2015, and on May 31, 2016, the application for the cancellation of each of the above claims and the renunciation of the collection

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, 2 and the purport of the whole pleadings

2. The plaintiffs asserted as follows.

In other words, the Plaintiffs are the case after the term of the lease expires.

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