beta
(영문) 수원지방법원 2020.12.17 2019나90166

건물명도(인도)

Text

At the request of this court for a change in exchange, the plaintiff's rehabilitation debtor B corporation.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal of the following Paragraph 2 to the corresponding part of the judgment of the court of first instance, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part concerning additional entry and dismissal in the trial room is all the part concerning the reasoning of the judgment of the court of first instance which stated “Defendant” as “B Co., Ltd.”.

The following matters shall be added to the column for recognition of the judgment of the court of first instance (as stated in subparagraph 1), and the phrase “B No. 18” shall be added to the column for recognition of evidence.

H. Around March 18, 2020, the Seoul Rehabilitation Court 2020 Ma10011 decided to commence a simplified rehabilitation procedure. According to the above decision, the reporting period of rehabilitation claims was up to April 16, 2020, and the Plaintiff was up to April 17, 2020. On April 17, 2020, the above reporting period was up to 126,69,258 won (i.e., principal rehabilitation claim amounting to KRW 105,151,450, interest amounting to KRW 21,517,80). From the special inspection date of rehabilitation claims held on September 1, 202, the Defendant raised an objection to the entire rehabilitation claims of the Plaintiff. The Defendant raised an objection to the motion to resume the rehabilitation procedure from the above special inspection date of rehabilitation claims pursuant to Article 15 of the Debtor Rehabilitation Act and Article 17 of the Debtor Rehabilitation Act from September 20 to 17, 2017.

Therefore, B Co., Ltd. is obligated to deliver the instant building to a lessor upon the termination of the instant lease agreement, and the commencement of rehabilitation procedures does not affect the right to divert any property that does not belong to the debtor from the debtor (Article 70 of the Debtor Rehabilitation and Bankruptcy Act, and the method of exercising the right to repurchase includes all the procedures and means to recover the property, and the right to repurchase shall be exercised.