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1. Of the judgment of the court of first instance, the amount exceeding that of the Defendant (Appointed Party) B ordering the payment below.
Reasons
1. Basic facts
A. On June 15, 2009, the Plaintiff entered into a lease agreement with D with regard to 301 of the lease deposit 23 million won, and from June 16, 2009, with respect to the lease deposit 23 million won, and from June 16, 2009, with respect to the lease deposit 23 million won, and obtained a fixed date in the lease agreement after filing a move-in report on June 26, 2009.
B. Although the Plaintiff was a director of the instant building 301, the Plaintiff filed a lawsuit against D seeking the payment of the lease deposit from D with the Gwangju District Court 2010Kadan40395, Dec. 21, 2010, and sentenced D to the judgment that “D shall pay to the Plaintiff 23 million won and the amount equivalent to 20% per annum from September 6, 2010 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive.
C. Notwithstanding the instant judgment, the Plaintiff filed an application for the order of lease registration with the Gwangju District Court 201Kao313 as the Plaintiff was unable to refund the lease deposit from D, and on March 8, 2011, the Plaintiff completed the registration on March 17, 2011 upon receipt of the said order of lease registration of KRW 23 million as to subparagraph 301 of the instant building from the said court.
(hereinafter “instant lease registration”) D.
On the other hand, on the other hand, the defendant filed against G, as the same court of Gwangju District Court 2009Gadan83259, which was the case for the registration of ownership transfer against D, the defendant participated as an independent party. On September 7, 2010, the above court rendered a judgment that "the defendant was the owner of the building of this case and confirmed that the building of this case was owned by the defendant, and that "D shall implement the procedure for the registration of ownership transfer for the reason of the restoration of real name as to the building of this case to the defendant."