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(영문) 울산지방법원 2016.12.07 2015가단50056
추심금
Text

1. The Defendant’s KRW 50,794,520 as well as the Plaintiff’s annual rate from January 24, 2015 to December 7, 2016, and the following.

Reasons

1. Basic facts

A. At the time of January 5, 2010, the Plaintiff, including the instant lease agreement and the lease transfer agreement, concluded a lease agreement with the owner of the building to lease the three floors of Ulsan-gu D Building (hereinafter “instant building”). From January 5, 2010 to January 4, 2012, the joint lessee, from January 5, 2010 to January 4, 201, to set the lease deposit amount of KRW 80,000,000,000,000 per month for rent (hereinafter “instant lease agreement”), and paid the deposit money.

In the third floor of the instant building leased by the Plaintiff, the Defendant purchased the instant building from C around May 201, while running an entertainment tavern.

On July 5, 2011, the Plaintiff entered into a contract with F with the introduction of G, which is the Defendant’s husband, on the third floor of the instant building (hereinafter “instant transfer contract”) under which the right to lease and the right to operate entertainment tavern business, etc. on the third floor of the instant building is KRW 19 million ( KRW 80 million for lease deposit, KRW 9 million for selection liquor loan, KRW 9 million for facility expenses, and KRW 30 million for premium) and transferred (hereinafter “instant transfer contract”).

F did not pay any balance, etc. under the instant transfer contract to the Plaintiff, the Plaintiff filed a lawsuit against F to seek the transfer price, etc. of business rights against F.

(2012. On May 21, 2014, the Plaintiff was rendered a judgment in favor of the Plaintiff that “F shall pay the Plaintiff KRW 72,315,390 and any delay delay damages.”

The above judgment became final and conclusive around that time.

B. On September 23, 2014, based on the original copy of the above judgment with executory power, the Plaintiff received a seizure and collection order regarding F’s claim to return the lease deposit against F’s Defendant based on the claim amounting to KRW 84,753,637, based on the original copy of the above judgment with executory power.

The collection order was served on September 29, 2014 on the defendant.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant acquired ownership of the building of this case.

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