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(영문) 의정부지방법원 2015.11.03 2015가단103135
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In light of the following facts: (a) there is no dispute between the parties; (b) evidence No. 1; (c) evidence No. 3-2; and (d) evidence No. 4; and (c) comprehensively taking account of the purport of the entire pleadings, the Plaintiff filed an application for the seizure and collection order of the amount up to KRW 29,592,465, out of the lease deposit repayment claim as to “Ui Government City D, 103 Dong 1503,” which C holds with the Defendant, based on the executory payment order of the purchase price case No. 2014 tea 2645, Nam-si District Court, Namyang-si, Namyang-si, Seoul, Seoul, for the seizure and collection order of the above claim; and (c) the fact that the said court received the above application and rendered a decision on July 21, 2014 to the Defendant, who is the debtor on July 24, 2014, and confirmed at that time.

The Plaintiff, based on the above collection order, sought payment of KRW 29,592,465 to the Defendant. However, there is no evidence to acknowledge that C leased the above apartment from the Defendant. Rather, considering the overall purport of the pleadings in each of the statements in subparagraphs 2, 3, 1, and 2, the Plaintiff’s lessee of the above apartment from the Defendant is only recognized as E.

Thus, the above order of seizure and collection is invalid because it is against a non-existent claim. Accordingly, the plaintiff's claim seeking the payment of the collection amount is dismissed as it is without merit. It is so decided as per Disposition.

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