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1. Compulsory execution against the Plaintiff by the Seoul Eastern District Court Decision 2014Gahap3373 Decided July 11, 2014 is a compulsory execution against Defendant C.
Reasons
1. Basic facts
A. On September 3, 2011, the Plaintiff entered into a lease agreement with Defendant C on the lease deposit amounting to KRW 200,000,000,000,000,000,000 owned by the Plaintiff, and up to October 18, 201, with the lease deposit amounting to KRW 200,00,00,00,000,000 (hereinafter “instant real estate”). The said deposit was fully paid.
B. Defendant C resided in the instant real estate with Defendant B, her husband, and demanded the Plaintiff to return the lease deposit upon the expiration of the above lease period.
C. The Plaintiff promised the Defendants to refund the lease deposit by February 20, 2014, and agreed to compensate the Defendants for the damages incurred in relation to the lease agreement concluded on another real estate if not returned until then. D.
On December 7, 2013, Defendant B entered into a lease agreement with F, etc. on other real estate. However, on February 20, 2014, Defendant B given up KRW 22 million paid by the Plaintiff to F, etc. on the wind on which the deposit for lease is not returned. During this process, Defendant B paid KRW 726,000 as a brokerage commission.
E. On July 11, 2014, the Defendants filed a lawsuit against the Plaintiff for the payment of the lease deposit and damages, and received the judgment (Seoul Eastern District Court 2014Gahap3373) from the following day to the day of full payment, “the Plaintiff returned KRW 22,726,000 to the Defendant C, and the Defendants paid KRW 22,726,00 as damages, 5% per annum from April 8, 2014 to July 11, 2014, and damages for delay calculated at 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive at that time.
F. Meanwhile, on July 2, 2015, the Plaintiff (i.e., Seoul Eastern District Court KRW 229,568,130 (i.e., KRW 222,726,00, KRW 2000, KRW 226,000, KRW 2200,000, KRW 22726,000, KRW 130) was deposited in the Defendants’ future.