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(영문) 부산지방법원 2019.05.14 2019가단70
양수금등
Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C shall list the attached list from Defendant B.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(2) On the date of pleading, the Plaintiff: (a) filed a claim for interest or delay on the leased principal and the amount remaining after deducting all obligations arising from the lease agreement from the date of pleading; (b) the Plaintiff corrected the cause of the claim against Defendant B by the date prior to the date of commencement of individual rehabilitation as to the leased principal and the amount

A. The facts constituting the grounds for the attachment do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the pleadings as to the entries in the evidence Nos. 1 through 10. According to the above facts, the lease contract between the defendant B and the defendant C between the defendant B and the defendant C has expired on November 25, 2017. Thus, the defendant B is obligated to deliver the real estate listed in the attachment list to the defendant C

B. Meanwhile, Defendant B filed an application for individual rehabilitation with the Seoul Rehabilitation Court (2018da52958) (2018da52958) to the effect that the Plaintiff’s claim is groundless since it was subject to the decision of commencement of individual rehabilitation on March 8, 2019.

The Plaintiff, who has taken over a claim to return lease deposit, is a mortgagee with a rehabilitation security right pursuant to Article 141(1) of the Debtor Rehabilitation and Bankruptcy Act as a creditor with respect to the claim to return lease deposit. Thus, the person entitled to exercise the right to separation pursuant to Articles 586 and 411 of the same Act is recognized, and the person entitled to exercise the right to separation may exercise the right to separation, regardless of whether he/she reported his/her claim as a bankruptcy claim or individual rehabilitation claim in the individual rehabilitation procedure, unless there are special circumstances,

(See Supreme Court Decision 2000Du8752 delivered on April 23, 2002, concerning composition procedures under the former Composition Act. Thus, the plaintiff who acquired the right to separation from bankruptcy for the purpose of securing loan claims has the right to separation from bankruptcy. Thus, there was a decision to commence individual rehabilitation procedures against Defendant B.

Even if the plaintiff's right is the right of the plaintiff.

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