(영문) 춘천지방법원속초지원 2019.02.22 2018가단202455

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(영문) 춘천지방법원속초지원 2019.02.22 2018가단202455

청구이의

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1. Compulsory execution based on the Defendant’s order of payment order 2018j324, which is the first branch court of the Chuncheon District Court against A was enforced by the Plaintiffs.

Reasons

1. Basic facts

A. On August 20, 2013, A entered into a lease agreement with E to lease the instant building with a deposit of KRW 15 million without rent (hereinafter “instant lease”). A around that time, A received deposit of KRW 15 million from E and handed over the instant building to E.

B. After the death of E, the Defendant, who succeeded to the lessee status under the instant lease agreement due to the death of E, notified A of the termination of the instant lease agreement on June 20, 2018, and applied for a payment order against A for the payment order for the lease deposit of this case under the jurisdiction of the Chuncheon District Court (hereinafter “Stenographic first support”) 2018 tea324, which was issued on September 6, 2018, “A shall pay to the Defendant 15 million won and the amount calculated by the rate of 15% per annum from the day following the day when the original copy of the payment order was served to the full payment order.” The above payment order became final and conclusive at that time.

(hereinafter referred to as the “instant payment order”), which became final and conclusive, C.

The defendant applied for a compulsory auction on the building of this case to prompt support F with the title of execution with the payment order of this case.

A died on December 31, 2018 while the instant lawsuit is pending, and the Plaintiffs, who are children of A, comprehensively succeeded to A’s property rights and obligations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the plaintiffs are obliged to deliver the building of this case from the defendant to the defendant at the same time, and at the same time pay 50 million won of the lease deposit of this case to the defendant, compulsory execution based on the payment order of this case shall be dismissed only on the part exceeding the above scope.

As above, even if the enforcement force of the instant payment order is partly excluded, the lessee is against the leased house.

유사 판례

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