토지인도 및 건물철거 등
1. The request for money shall be dismissed;
2. The defendant shall remove the attached list building to the plaintiff, and Gunsan City.
1. Facts of recognition;
A. On December 30, 2009, KB Industries leased the land indicated in the order from the Plaintiff to KRW 56,720,000, and newly built a new building on that ground.
B. The sum of the rents unpaid from June 30, 2013 to December 29, 2014 is KRW 95,277,280, as the case industry has been in arrears over three times from June 30, 2013.
C. On June 29, 2015, the KB industry was decided to commence rehabilitation procedures (the Jeonju District Court 2015 Gohap14), and the Defendant was appointed as a custodian.
Under the above rehabilitation procedure, the Plaintiff reported the overdue rent claim as a rehabilitation claim against the Defendant as a rehabilitation creditor.
[Reasons for Recognition] Nos. 3 and 4 do not dispute, or entry
2. We examine the determination of a claim for overdue rent payments and a claim for return of unjust enrichment on the plaintiff's claim for overdue rent payments against the defendant, a claim for return of unjust enrichment on the plaintiff's claim for overdue rent payments against the defendant and for the use of land, which is a property claim arising before the defendant's rehabilitation procedure commences and constitutes a rehabilitation claim (a claim on the property arising before the rehabilitation procedure commences, and a claim falling under any of the following subparagraphs is a rehabilitation claim; 1. The debtor's claim is a rehabilitation claim; and when the rehabilitation procedure is decided upon commencement of rehabilitation procedures, compulsory execution based on the rehabilitation claim is prohibited (Suspension of other procedures) (Article 58 (1) 2 and 58 (Suspension of Other Procedures) (1) 2). Thus, if the decision is made on commencement of rehabilitation procedures, any of the following acts shall not be conducted: 2. The plaintiff's claim for this part is seeking for the payment
Therefore, the claim is unlawful.
3. Determination on the land transfer and the request for removal of buildings
A. We examine the determination of the cause of the claim, and the commencement of rehabilitation procedures affect the right to repurchase from the debtor the assets that do not belong to the debtor.