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(영문) 서울동부지방법원 2015.02.13 2014가단116319
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Comprehensively taking account of the overall purport of the statements and arguments made by Gap 1-3, Eul 1, and 2, the plaintiff was issued a seizure and collection order against the defendants of Gangdong-gu Seoul Eastern District Court No. 2013TTA as the Seoul Eastern District Court No. 2013TTTT No. 47, Nov. 20, 2013 (hereinafter "the notarial deed of this case") against the defendants of D, as the Seoul Eastern District Court No. 2013TT No. 20143, Nov. 20, 2013. The above seizure and collection order were served on the defendants of this time, and the above seizure and collection order was served on the defendants of this time. ② The Seoul East Eastern District Court No. 2014TTTA No. 2010888, Jan. 28, 2014.

(2) Of the right to claim the refund of the lease deposit against the Defendants, KRW 154,249,210 was issued with the seizure and collection order of the above claim. The seizure and collection order of the above claim was served on the Defendants around that time. On the other hand, D purchased KRW 104 and completed the registration of ownership transfer on November 28, 2005. On September 23, 2011, the Defendants purchased KRW 104,430,000 (contract deposit KRW 30,000,000,000 for intermediate payment, KRW 15,000,000 won for intermediate payment, and KRW 25,000,000 won for outstanding payment on September 30, 201, and KRW 10,000,000 to be paid on October 23, 2011, and the Defendants issued KRW 104,000,000 for each of the above rights to lease to the Defendants at the time of lease.

Plaintiff’s assertion

The Plaintiff asserts that the Defendants, as the cause of the instant claim, leased KRW 104,00,000,000 for lease deposit amounting to KRW 30,000,000, the Defendants are obligated to pay to the Plaintiff, who is a legitimate collection authority, the lease deposit return claim amounting to KRW 104,00,000,00

Judgment

Therefore, D is actually a security deposit of KRW 30 million against the Defendants.

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