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(영문) 광주고등법원(전주) 2019.07.18 2018나10901

건물명도

Text

1. The judgment of the first instance, including the claim of the Plaintiff’s Intervenor added by this court, is as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased each of the instant buildings on June 30, 2014, and completed the registration of ownership transfer in its name on the same day after purchasing each of the instant buildings listed in the separate sheet (hereinafter referred to as “instant building 1 building” and “the buildings listed in paragraph (2)”, which were constructed on the ground of the land located in the Dosan-si, Si, Gun-si (hereinafter referred to as “instant land”).

B. Around October 2014, the Defendant entered into a lease agreement with the Plaintiff on the condition that the Defendant would lease the instant building from the Plaintiff, but the Plaintiff would pay 8.8 million won per month a monthly rent to the Plaintiff (including value-added tax) and 1/2 of the electricity charges imposed on the first unit of the instant building each month (hereinafter “agreement electrical charges”).

(hereinafter “Prior Rental Contract.” The Defendant occupied and used the instant building from January 1, 2015 to August 31, 2015 under the Prior Rental Contract.

C. Since August 1, 2016, the Defendant occupied and used each of the instant buildings including two buildings from August 1, 2016, and delivered each of the instant buildings to the Plaintiff around July 15, 2017.

The money paid by the Defendant to the Plaintiff from January 1, 2015 to July 15, 2017 is KRW 99,237,633.

E. Meanwhile, the Plaintiff’s succeeding intervenors and L and Limited Company M (hereinafter “M”) received a claim seizure and collection order with respect to the money up to the amount of each claim among the instant claim claims, such as the instant rent, etc. (hereinafter “the instant claim”). The said claim seizure and collection order was served on the Defendant, the garnishee, as of the date indicated below, on the date of service on the date indicated.

The attachment and collection order of each of the above claims is added to the claims of this case.