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(영문) 대구지방법원 2016.01.12 2015가단35253
청구이의
Text

1. The defendant's compulsory execution against the plaintiff was made based on the payment order in the Daegu District Court 201 tea 4826 rent case.

Reasons

1. Basic facts

A. On April 20, 199, the Daegu Northern-gu Seoul Northern-gu building with a size of 135 square meters and its ground (hereinafter “instant real estate”) was originally owned by the Defendant. The procedure for the auction of real estate was commenced as Daegu District Court D on April 20, 199.

In the above auction procedure, E has been awarded the real estate of this case and completed the registration of ownership transfer on April 24, 200.

After that, the registration of ownership transfer has been completed in the name of F on May 30, 201, and the name of G on April 19, 2002, on the 135 square meters prior to Daegu Northern-gu, Daegu-gu.

B. On August 15, 1995, the Plaintiff leased a part of the instant real estate building (hereinafter “instant leased building”) from the Defendant and used it as a factory and a house.

However, the above A.

When an auction procedure was conducted with respect to the instant real estate as described in Paragraph (1), the Plaintiff received 12,000,000 won from the distribution procedure conducted on June 19, 200 as a small lessee at the auction court. At that time, the Plaintiff delivered the instant leased building to the successful bidder.

(Plaintiff operated a factory in the instant leased building with the trade name of “H,” and on June 17, 200, reported to the director of the tax office of North Daegu District Tax Office the location of H’s place of business from the instant land to “Seoul North-gu I.” (C.).

On May 25, 2011, the Defendant filed an application with the Plaintiff for a payment order with the Daegu District Court No. 2011 tea4826 to seek rent payment.

(hereinafter “instant payment order”). The summary of the cause of the claim for the instant payment order is as follows.

The Defendant, while leasing the instant leased building to the Plaintiff, set the lease term from August 15, 1995 to August 15, 201, the lease deposit amount of KRW 5,000,000, and KRW 500,000,00 per month (payment on August 15, 199).

However, the Plaintiff does not pay KRW 12,00,000 as the rent for two years from August 16, 199 to August 15, 2001. Thus, the Plaintiff is seeking the payment of the rent in arrears as above.

The instant payment order was served on the Plaintiff on June 8, 201, and was finalized on June 23, 2011.

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