건물명도(인도)
1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal office and the principal office.
1. Basic facts
A. 1) A Co., Ltd. (former: F and G Co., Ltd.; hereinafter “D”), regardless of whether it is before or after the change
A) The company is established for the purpose of the business of shipbuilding and repair of vessels, and the buildings listed in the separate sheet No. 1 on February 1, 2008 (hereinafter “instant buildings”).
(2) On June 10, 2014, D filed an application for commencing rehabilitation procedures with the Changwon District Court 2014 Ma1056, which decided on July 14, 2014 with respect to rehabilitation debtor D, and the Changwon District Court issued the rehabilitation plan approval on December 29, 2015.
3) A Co., Ltd. (former trade name: F; hereinafter “A”) on June 8, 2016 after division of the shipbuilding business sector of the Debtor Rehabilitation Obligor D.
(4) On July 1, 2016, the Changwon District Court appointed J as a custodian of the Debtor Rehabilitation Obligor A.
5) On September 6, 2016, under the name of the rehabilitation debtor A, the registration of ownership transfer was completed on the ground of corporate division with respect to the instant building. 6) the Changwon District Court decided on September 5, 2017 that the rehabilitation debtor A will terminate the rehabilitation procedure against the rehabilitation debtor A.
(hereinafter referred to as "Plaintiff" without distinguishing D, A, and their rehabilitation procedures, etc.; however, if it is necessary to indicate the trade name at a specific point of time, the trade name shall be stated in common.
1) On February 1, 2013, between the Plaintiff (D) and the Defendant on February 1, 2013, the Defendant indicated the attached drawing Nos. 2 in the attached Form No. 1, 2, 3, 4, and 1 connected each point on the part of the first floor of the instant building and the attached Form No. 3 among the two floors of the instant building, 5, 6, 7,
8. A contract was entered into with the terms that set the deposit amount of KRW 30 million, monthly rent of KRW 230,000 (excluding value-added tax), and the lease term from February 6, 2013 to February 5, 2016 (hereinafter “instant lease contract”).
2. The instant lease agreement is concluded.