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(영문) 수원지방법원 2018.07.05 2018가단7371
전부금 청구 및 대위명도
Text

1. The plaintiff's lawsuit against the defendant Korea Land and Housing Corporation shall be dismissed.

2. The plaintiff's claim against the defendant B.

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 22 million to the network D. However, the network leased the said money to the Defendant Korea Land and Housing Corporation with the Plaintiff’s interest, the amount of the said money, and 5305 Dong 1104.

The plaintiff filed a lawsuit against the defendant B, who is the deceased D's heir, and was sentenced to the judgment that "the defendant B shall pay 13.2 million won and damages for delay to the extent that it succeeds to the plaintiff." The above judgment became final and conclusive.

Accordingly, the Plaintiff’s attachment and assignment of the lease deposit claim amounting to KRW 16.5 million against the Defendant Korea Land and Housing Corporation, and the Defendant Korea Land and Housing Corporation has asserted that the claim cannot be accepted prior to the delivery of the above real estate from Defendant B. Therefore, the same judgment as the purport of the claim is sought.

2. Determination:

A. According to the evidence evidence Nos. 1 and 2, the Plaintiff received on July 2, 2013, based on the executory exemplification of the judgment in Incheon District Court 201Da196444 case, the amount of which is KRW 16,752,710 on July 2, 2013 from the obligor, the Defendant Korea Land and Housing Corporation as the third obligor, and the third obligor, the amount of which is KRW 16,752,710 on July 2, 2013, the Plaintiff received the remainder (hereinafter referred to as “the lease deposit claim in this case”) excluding the amount eligible for preferential reimbursement under Article 8 of the Housing Lease Protection Act from among the claims for the return of the lease deposit of the real estate in this case, and the amount of which the Defendant’s real estate in this case is leased to KRW 19,503,00 on KRW 1100,00.

However, Article 246 (1) 6 of the Civil Execution Act is equivalent to "the amount to be preferentially reimbursed pursuant to Article 8 of the Housing Lease Protection Act and the provisions of the Enforcement Decree of the same Act".

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