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(영문) 춘천지방법원 강릉지원 2018.09.11 2018가합30439

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On September 19, 2017, the Plaintiff filed a lawsuit seeking delivery of the Plaintiff’s building and its rent or unjust enrichment on the ground that the lease agreement on November 25, 2016 between the Plaintiff and the Plaintiff on the Plaintiff’s building, including the instant real estate (hereinafter “Plaintiff’s building”) was terminated by a three-year period of grace as of August 9, 2017, with the lower court’s 2017Gahap30784, and the said court accepted the Plaintiff’s claim on April 3, 2018 (hereinafter “related judgment”), and the said case continues to be in the appellate trial as of the Seoul High Court’s 2018Na614.

C. Based on the relevant judgment, the Plaintiff attempted to execute the delivery of the Plaintiff’s building, but on April 24, 2018, the enforcement was not carried out on the ground that most of the Plaintiff’s buildings occupied by beautiful Nam-gu Co., Ltd.

Accordingly, on May 3, 2018, the Plaintiff filed an application for provisional injunction against the transfer of real estate on the Plaintiff’s building as the court 2018Kadan20184 against the Republic of Korea and Scenic Nam, and this court made a decision citing the provisional injunction on the same day.

E. Although the Plaintiff intended to execute the instant provisional disposition based on the determination of provisional disposition, the enforcement was not carried out on May 8, 2018 on the ground that the Defendant occupied the instant real estate from May 3, 2018.

F. Accordingly, on May 9, 2018, the Plaintiff filed an application against the Defendant for provisional injunction against the possession of the instant real estate by this court under the control of 2018Kadan20190, and this court rendered a decision to accept the provisional injunction on May 10, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.