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(영문) 서울동부지방법원 2016.07.26 2015가합463

건물명도 및 추심금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 2010, Defendant C entered into a lease agreement with Defendant D and E, setting the deposit amount of KRW 65,00,000, and the term of lease up until January 30, 2012 (hereinafter “instant lease agreement”) with respect to the F Real Estate on the ground of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

B. Meanwhile, in concluding the instant lease agreement, Defendant C, Defendant D, and E agreed to maintain the instant lease agreement until the date of redevelopment of the instant real estate.

C. Defendant C and B currently occupy and use the instant real estate.

On September 4, 2014, the Plaintiff filed a loan claim lawsuit against Defendant B and C, and sentenced to the Seoul High Court 2013Na70240 on September 4, 2014, that “the Plaintiff shall pay the Plaintiff, Defendant B shall be KRW 116,143,835, Defendant C shall jointly and severally with Defendant B, the amount of KRW 44,643,835, and the amount of money calculated at the rate of KRW 30% per annum from January 1, 2012 to the date of full payment,” and the said judgment became final and conclusive on October 1, 2014.

E. On February 7, 2014, the Plaintiff received the attachment and collection order as to the claim for the refund of the lease deposit held by Defendant C, B, and C against Defendant D and E, as the court of this Court 2014TT291.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional numbers), Eul evidence 1, the purport of the whole pleadings

2. The instant lease agreement between the Defendants, the validity of which expires with the Plaintiff’s assertion against Defendant D and E’s claim for the refund of the collected amount with the preserved claim, shall be terminated.

Therefore, Defendant B and C are obligated to deliver the instant real estate to Defendant D and E, and Defendant D and E should pay the Plaintiff the debt collection amount simultaneously with the delivery of the instant real estate from Defendant B and C.

3. In order to accept the Plaintiff’s request for judgment, it is premised on the termination of the instant lease agreement.

However, the defendant C, D, and E in this case.