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(영문) 서울동부지방법원 2015.06.11 2014가단33735

구상금

Text

1. The plaintiff's rehabilitation debtor, a corporation incorporated in the East Asian Construction Industry shall confirm that the rehabilitation claim is KRW 87,77,743;

2...

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff purchased the 546-4 Teamno-Ma21 No. 351 (hereinafter “instant real estate”) of Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

B. Defendant Flac Development Co., Ltd. (hereinafter “Defendant Flac Development,” “Defendant Flaced Development,” and “Flacing Trade Name before the change: the owner of each of the stores of 1 to 19 units of the same building, including the instant real estate, at the time of the decision to commence the auction, prior to the commencement of the auction, leased lease deposit money of 20,696,928,000 won, and the period from February 1, 2012 to January 31, 2013, was determined and leased to Defendant Flac Construction Industry Co., Ltd. (hereinafter “Defendant East Construction Industry”).

C. The Defendant Dong Construction Industry, after a lease agreement with Defendant Franc Development, occupied and used the instant real estate as a lessee, and ordered the Plaintiff on April 20, 2014.

From September 2013 to March 2014, Defendant East Asian Construction Industry did not pay 80,411,160 won (it does not include delay fees) and electricity fees from April 1, 2014 to April 20, 2014, and the Plaintiff paid the above management fees for the possession and use period of the Defendant East Asian Construction Industry, which are equivalent to the possession and use period of the real estate in the instant case, to the Fran Industries Co., Ltd. with the authority to collect management fees. < Amended by Act No. 12568, Apr. 30, 2014; Act No. 12514, May 15, 2014>

E. Meanwhile, on August 25, 2014, when the instant lawsuit was pending, the Seoul Central District Court rendered a decision on commencing the rehabilitation procedure for the Defendant Dong Construction Industry as the Seoul Central District Court 2014 Mahap146, and A was appointed as a custodian.

The Plaintiff reported the instant claim against the Defendant Dongdong Construction Industry as a rehabilitation claim, but the administrator A of the Defendant Dongdong Construction Industry raised an objection to the total amount.

F. On September 24, 2014, the Plaintiff submitted to this court a written application for the continuation of the proceedings against Defendant Dong Building Construction Industry.

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