(영문) 울산지방법원 2014.05.14 2013가단15196

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(영문) 울산지방법원 2014.05.14 2013가단15196

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basic facts are acknowledged if there is no dispute between the parties, or if the facts in Gap 1, 2, 3, and 5-1, and the fact inquiry results with respect to the Ulsan District Tax Office of this Court are added to the whole purport of the pleading.

A. On May 27, 2010, the Plaintiff lent KRW 150 million to Nonparty C with the claim for the said loan, and on January 28, 2011, as the Ulsan District Court 201Kahap62 (hereinafter “instant real estate”) concluded with the Defendant on June 1, 2010 with respect to the second floor of building D located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant real estate”), the provisional attachment of the claim against the claim for return of the lease deposit (hereinafter “instant provisional attachment”) was issued to the Defendant on February 1, 2011.

B. On December 11, 2012, the Plaintiff, a notary public, drafted between the Plaintiff and the Defendant, issued a seizure and collection order with respect to the claim to return the lease deposit against the Defendant by the Ulsan District Court 2012TTTT13201, with the title of execution of the authentic copy of the authentic copy of the authentic deed, which was enforced by No. 29 in December 24, 2012, and the said order was served on the Defendant on December 24, 2012.

C. On July 1, 2010, the Defendant: (a) set the lease agreement with Nonparty E on the lease period of KRW 12 months; (b) set the deposit amount of KRW 70 million (hereinafter “first lease”); (c) on December 5, 2010, set the lease agreement between Nonparty F and the lease period of KRW 12 months; and (d) reported the lease income in the above content.

On the other hand, C operated the main points in the instant real estate around the time of the first and second lease.

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion 1) The Plaintiff’s assertion (A) set the real estate indicated on June 1, 2010 by the Defendant as the lease deposit amounting to KRW 70 million (hereinafter “the lease”).

Until the defendant is served with the provisional seizure order of this case, the defendant shall pay C the above lease deposit.

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