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(영문) 서울중앙지방법원 2016.08.26 2015가단138924

건물명도 등

Text

1.(a)

Defendant B shall be given to Defendant Jinjin Industry Co., Ltd., and shall be given the attached Form 1, 2, 2.

Reasons

1. Basic facts

A. On August 1, 2012, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Jinjin Industry Co., Ltd. and the first floor of real estate listed in the attached Table, which sets the lease deposit amount of KRW 107,00,000 (hereinafter “the instant lease deposit”) with the lease deposit amount of KRW 107,00,000,000 in the portion (a) part (a) within the line connected with each point in sequence 1,2,3,4, and (b) part (a) within the line connected each point in sequence 1, 200,000 (hereinafter “instant commercial building”).

Defendant B paid the full amount of the lease deposit of this case to Defendant Jinjin Industrial Co., Ltd. on the date of the contract, and occupied and used the commercial building in person or by taking over it, etc. until now.

B. The Plaintiff received an executory payment order regarding the claim for the principal and interest amounting to KRW 400 million as asserted in the Seoul Central District Court loan No. 2012 tea40286, which was filed against Defendant B, and based on this, applied for the seizure and collection order as Seoul Central District Court 2012TTT34917 regarding the claim for the refund of the lease deposit of this case against Defendant B, which Defendant B had against Defendant B.

On November 9, 2012, the above court rendered a decision to seize and collect the claim citing the Plaintiff’s above request (hereinafter “instant claim seizure and collection order”), and this decision was served on Defendant Bjin Industrial Co., Ltd., a garnishee on November 14, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1, each entry and video, Eul evidence 4 and 5, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the Defendants’ respective facts of recognition as above, the instant lease agreement, which was concluded between Defendant B and Defendant Jinjin Industrial Co., Ltd., and continued to remain effective at the time of issuing the instant seizure and collection order, and at the time of delivering the said order, is deemed to have expired on July 31, 2013.