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(영문) 서울중앙지방법원 2015.05.21 2013가합89087
청구이의
Text

1. The Seoul High Court Decision 2012Na69793 decided June 28, 2013 (main claim) and 2012Na69809 decided on June 28, 2013.

Reasons

1. Basic facts

A. On the premise that the Plaintiff is a lawful tenant of Dongjak-gu Seoul Metropolitan Government Da and multi-household 202 (hereinafter “instant real estate”), the Plaintiff filed a claim for refund of lease deposit against the Defendant who acquired the instant real estate by auction. The Defendant filed a claim against the Plaintiff for the transfer of the instant real estate by counterclaim (Seoul Central District Court 201Gahap92522 (principal lawsuit), 2012Gahap52126 (Counterclaim)). On July 31, 2012, the said court rendered a judgment that “the Plaintiff dismissed the Plaintiff’s claim against the Defendant.”

B. The Plaintiff appealed against the above judgment and the Defendant added a claim for return of unjust enrichment equivalent to the rent to the Plaintiff at the appellate court (Seoul High Court Decision 2012Na69793, 2012Na69809 (Counterclaim), and the above court on June 28, 2013 (Dismissal of the Plaintiff’s appeal) (the Plaintiff’s appeal is dismissed. From August 6, 2011 to July 5, 2012, the Plaintiff paid to the Defendant the amount calculated at the rate of KRW 635,00 per month from July 6, 2012 to July 6, 2012, and KRW 62,00 per month from July 6, 2012 to the completion date of delivery of the instant real estate). The above judgment became final and conclusive as is July 18, 2013.

(hereinafter referred to as the “prior Judgment”) C.

On July 16, 2013, after the pronouncement of the judgment prior to the instant case, the Plaintiff was authenticated by a notary public on July 16, 2013 with respect to the implementation of the judgment prior to the instant case, as follows, No. 3759 (hereinafter “instant agreement”).

1. B (Plaintiff) is to order a person who has resided in the instant real estate owned by A (Defendant) to surrender a house until July 21, 2013, and to pay all taxes and public charges until the date of order.

2. B shall cancel the provisional attachment as requested by Party B against Party B, the Dongjak-gu Seoul Metropolitan Government Land and the above ground buildings No. 202, the real estate owned by Party B, and Party B’s application for F C movables.

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