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(영문) 전주지방법원정읍지원 2015.09.01 2014가단6099

건물명도 등

Text

1. The Defendants shall deliver D Nos. 204 of the second Ethic E to D.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Basic facts

A. On December 10, 2010, Defendant B leased the real estate listed in the Disposition No. 1 (hereinafter “instant real estate”) from Nonparty D (hereinafter “instant real estate”) with the lease deposit of KRW 35 million and the lease period from January 10, 201 to January 9, 2013 (hereinafter “instant lease agreement”), and around that time, paid the said deposit in full to D.

B. On January 18, 2013, the Seoul Western District Court 2012 tea6814 (hereinafter “Seoul Western District Court”) issued a seizure and collection order against Defendant B’s claim for the above lease deposit amounting to KRW 43,868,676 on the basis of the executory exemplification of the payment order for the loan case against Defendant B, the Plaintiff requested the seizure and collection order for the above lease deposit claim against Defendant B as to the above lease deposit amounting to KRW 43,868,676.

C. On January 3, 2014, the Plaintiff, as the creditor of Defendant B by content-certified mail, notified D of the termination of the instant lease agreement by subrogation of the Defendant B, and the content-certified mail reached D around that time.

Defendant C currently occupies the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 4 (including each number if there is a serial number), the purport of the whole pleadings

2. According to the above findings of determination, the instant lease was terminated upon delivery to D of the content-certified mail on January 3, 2014, which included the Plaintiff’s expression of intent to terminate the instant lease contract on behalf of the Defendant B, impliedly renewed.

Therefore, as the instant lease contract was terminated, Defendant B is obligated to deliver the instant real estate to D upon the Plaintiff’s request subrogated by the lessor D, a garnishee, as a collection obligee for the claim to return the lease deposit, barring any special circumstances.

In addition, Defendant C, the possessor of the instant real estate, also has no special reason.