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(영문) 수원지방법원 2018.04.11 2017가단531501
청구이의
Text

1. Enforcement based on the Suwon District Court Decision 2016Kadan12119 Decided May 26, 2016 against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. On February 15, 2012, the Plaintiff: (a) was the former owner of the housing of three stories and retail stores in Suwon-si, Suwon-si; (b) on February 15, 2012, the Plaintiff leased the housing of two years from March 20, 2012 to March 20, 2014 without monthly rent of KRW 49.5m2 (hereinafter “instant leased housing”); and (c) on March 20, 2012, the Plaintiff leased the housing of this case to the Defendant for two years from March 20, 2012 to March 20, 2014; (d) obtained the fixed date on March 12, 2012; and (e) transferred the resident registration on April 20, 2012; and (e) completed the lease registration on January 29, 2015.

3) On March 23, 2016, the Defendant filed a lawsuit against the Plaintiff seeking deposit of KRW 72 million (U.S. District Court 2016Da12119), and was sentenced to a judgment without holding any pleadings on May 26, 2016 (hereinafter “instant judgment”). (B) Thereafter, on November 17, 2016, D, other creditors of the Plaintiff, filed an application for a decision to commence compulsory auction on the said C building (U.S. E), and F purchased all the C buildings from the auction procedure on July 12, 2017.

In such auction procedure, the Defendant received a distribution of KRW 4,190,29, which is a part of the lease deposit, as the person holding the right to demand a distribution based on the right to lease, on August 10, 2017.

2) On September 26, 2017, the Defendant notified the F of the purport that “F purchased the above building C from the auction procedure and acquired ownership, thereby succeeding the lessor’s status against the Defendant, and the previous lessor’s liability has ceased to exist as a discharge,” by means of content-certified mail. (c) On March 24, 2017, the Defendant requested a compulsory auction order for another real estate by compulsory auction on the Defendant’s other real estate by means of a document-certified mail to the effect that “a performance of the obligation to refund the deposit deposit.”

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