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(영문) 서울중앙지방법원 2019.10.25 2016가합552784
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C (hereinafter “C”) seeking damages, and the court of first instance (Seoul Central District Court 2015Gahap536822) rendered a judgment on September 18, 2015 that “C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from July 7, 2015 to the date of full payment”. The court of first instance (Seoul Central District Court 2015Gahap53682) declared that “C shall pay to the Plaintiff the amount calculated at the rate of 40 million won per annum from July 7, 2015 to the date of full payment.”

The above judgment was finalized on October 8, 2015.

(hereinafter “the final judgment of this case”). (b)

On October 26, 2015, the Plaintiff received a seizure and collection order (Seoul Central District Court 2015TT 104649, hereinafter “the instant collection order”) relating to C’s claim for rent (which refers to “C’s claim for rent settlement of D, E, and Frant that it has against the Defendant according to the regulations on the integrated lease management concluded with the Defendant”) with the Defendant as KRW 421,668,194 on the basis of the final and conclusive judgment of this case. The instant collection order was served on the Defendant, the garnishee, on October 29, 2015.

C. On May 4, 2005, C entered into a real estate security trust contract (hereinafter “instant security trust contract”) with the 15 stores unsold in lots (Ghohos, Hhos, I, Jhos, K, L, M, N,O, P, Q, Qhos, S, T, T, U, and hereinafter “instant store”) among the 15 stores unsold in lots (hereinafter “instant commercial building”), which were remodeled as the executor of the Seocho-gu Seoul Metropolitan Government (hereinafter “instant commercial building”), and completed the registration of ownership transfer with respect to the instant store in the name of V.

Under the Act on the Ownership and Management of Aggregate Buildings, the defendant is a management body comprised of the sectional owners of the commercial building in this case, and has concluded a lease, operation and management of the commercial building in this case with the sectional owners of each shop in the commercial building in this case.

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