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(영문) 청주지방법원 제천지원 2018.12.12 2018가단1687
청구이의
Text

1. The Defendant’s order for payment on February 9, 2018 was based on the Cheongju District Court Decision 2018 tea62 case against the Plaintiff.

Reasons

1. Basic facts

A. D on February 10, 2009, acquired ownership of E and 7 lots of ground F apartment G (hereinafter “instant building”).

B. On September 25, 2013, the Defendant leased the instant building from D with the term “45,00,000 won for lease deposit, and the term of lease until September 25, 2015.” Around September 2015, the said term of lease expired, the Defendant re-leased the instant building with the term “50,000,000 won for lease deposit and the term of lease until September 23, 2017.”

On the other hand, on October 21, 2009, prior to the conclusion of the above lease contract, the Defendant had received the instant building and filed a move-in report.

(i.e., the status of opposing power from the time of the conclusion of the above lease contract.

On March 16, 2017, the Plaintiff acquired the ownership of the instant building.

The Defendant received the order of lease registration for the instant building on February 1, 2018 (Cheongju District Court Decision 2018Kadan3), and completed the lease registration for the instant building on February 12, 2018.

E. The Defendant against the Plaintiff on February 7, 2018

1.(b)

On February 9, 2018, the payment order was issued to the Plaintiff that “the Plaintiff shall pay the Defendant 50 million won and the amount calculated by the rate of 15% per annum from the day following the delivery of the original copy of this payment order to the day of complete payment,” and the original copy of the above payment order was served on the Plaintiff on February 19, 2018 and finalized on March 6, 2018.

(F) Cheongju District Court Decision 2018Guj62 case, hereinafter the above payment order (hereinafter “instant payment order”). H acquired ownership of the instant building on May 16, 2018.

G. On July 19, 2018, the Plaintiff paid KRW 10,000 to the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings

2. The Plaintiff’s determination on the objection to the claim is that the transferee of the house succeeds to the status of the lessor.

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