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(영문) 수원지방법원안양지원 2014.05.29 2013가단29194

건물명도 등

Text

1. The defendant

(a) deliver each building listed in the separate sheet;

B. From 1 December 1, 2013, the amount of KRW 15,840,00 and the amount of KRW 15,00.

Reasons

1. Basic facts

A. On November 5, 2012, the Plaintiff entered into a lease agreement between C and C, setting the lease deposit as KRW 20,000,000 (including value-added tax), monthly rent of KRW 2,640,00 (including value-added tax), management fee of KRW 40,000, and the lease agreement between November 30, 2014 (hereinafter “instant lease agreement”), and delivered each of the instant commercial buildings to C.

B. After that, around April 15, 2013, C received 10,000,000 won remaining after deducting 13,80,000,000 won, which was paid out of 13,80,000,000 won for the ten-month management expenses, from the deposit, and delivered to the Plaintiff each of the instant shopping districts by waiver of the rights based on the lease, to the Plaintiff, around April 15, 2013.

C. However, prior to the preparation of the above written confirmation, C entered into a contract with D to transfer all rights under the instant lease agreement with D, and D notified the Plaintiff of the transfer of rights on April 11, 2013, and thereafter occupied and used each of the instant commercial buildings from around that time.

On May 15, 2013, the Plaintiff filed an application against D for provisional disposition prohibiting the transfer of possession, and received the decision of provisional disposition prohibiting the transfer of possession from the Suwon District Court (2013Kadan1879), and executed the provisional disposition with D’s participation in each of the instant commercial buildings.

E. Meanwhile, around the beginning of May 2013, the Defendant opened a restaurant “E” in each of the instant commercial buildings, and occupied and used each of the instant commercial buildings from around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap 2-8, the purport of the whole pleadings

2. Determination

(a) the determination of the request for extradition is one of the facts of recognition;