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(영문) 광주지방법원 2019.09.24 2018재머15

건물명도 등

Text

1. The protocol subject to quasi-examination shall be revoked;

2. The Defendant (Quasi-Review Plaintiff and Counterclaim Plaintiff) is the Plaintiff quasi-Review Defendant.

Reasons

1. Existence, etc. of grounds for quasi-examination;

A. 1) On December 20, 2017, the Plaintiff leased the instant building from the Plaintiff as the Gwangju District Court 2017Kadan31963 (hereinafter “Lessee”).

2) The lawsuit of this case is filed against B, as described in the purport of the claim, to seek a building name map, etc. (hereinafter referred to as “instant lawsuit”).

A) On April 12, 2018, the same court filed the instant lawsuit, pursuant to Article 6 of the Judicial Conciliation of Civil Disputes Act (hereinafter referred to as “instant conciliation procedure”), and rendered conciliation with the Gwangju District Court No. 2018S2755 (hereinafter referred to as “instant conciliation procedure”).

(2) On June 1, 2018, the date of mediation implemented on June 1, 2018, and the lessee was absent on the date of mediation conducted on which the Plaintiff and the lessee who occupied part of the building of this case were present as a conciliation intervenor, and at the end of the date, the “decision in lieu of mediation” was issued to the conciliation intervenor and the Plaintiff with the intent of simultaneously performing the payment of each deposit for the previous lease and the transfer of each possession portion (hereinafter “instant mediation decision”), and entered in the quasi-deliberation protocol (hereinafter “instant mediation protocol”).

3) As to the lessee who was the Defendant of the instant lawsuit, the Gwangju District Court rendered a ruling of bankruptcy on May 16, 2018, in the case of the 201Hadan421 Declaration of Bankruptcy, and the lessee filed an objection against the instant conciliation decision on June 21, 2018, and subsequently withdrawn the objection on June 28, 2018, the instant conciliation procedure and the instant litigation procedure were concluded on July 19, 2018. (4) On June 4, 2019, the bankruptcy trustee taken over the lessee’s status as the Defendant in the instant lawsuit.

[Grounds for recognition] B 1-5, e.g., apparent facts in records or significant facts in this court, the purport of the whole pleadings

B. The judgment of the bankruptcy trustee becomes final and conclusive with the involvement of the lessee who was declared bankrupt as the cause of the claim of the quasi-deliberation of the instant case.