건물명도 등
1. Defendant C shall deliver to Defendant B the real estate indicated in the attached Form.
2. Defendant B shall be listed in the separate sheet from Defendant C.
Facts of recognition
The plaintiff filed a lawsuit against the defendant C with this Court 13rd group 509510, and on September 5, 2014, the above court rendered a provisional execution judgment stating that "the defendant C shall pay to the plaintiff 60 million won and interest rate of 20% per annum from September 5, 2014 to the day of full payment." The plaintiff is still pending in the appellate court after the defendant C appealed appealed.
On April 11, 2013, Defendant C entered into a lease agreement with Defendant B with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is KRW 60,00,000, monthly rent of KRW 200,000, and the term of lease from April 26, 2013 to April 25, 2015 (hereinafter “instant lease”).
On October 13, 2014, the Plaintiff received the order of seizure and collection against Defendant C’s claim for return of lease deposit against Defendant C based on the first instance court’s ruling with executory power over the above loan claim case, and the said order reached Defendant B on October 15, 2014. < Amended by Act No. 12835, Oct. 15, 2014>
As of December 25, 2014, Defendant C did not pay rent and management expenses equivalent to KRW 1,074,000.
[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 5 (including a provisional number), Eul evidence No. 1, and the purport of the entire pleadings as to defendant C, the lease of this case terminated on April 25, 2015. The plaintiff has a right to seek delivery of the real estate of this case by subrogation of the plaintiff as a creditor of a loan against defendant C, a lessor, and thus, the defendant C has a duty to deliver the real estate of this case to the defendant B.
Claim against Defendant B
A. According to the above facts, Defendant B is obligated to pay KRW 60,000,000 to the Plaintiff, a person holding the right to claim the return of the lease deposit of this case, as requested by the Plaintiff, as well as to pay the Plaintiff, who is a person holding the right to claim the return of the lease deposit of this case.
(b).