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(영문) 광주지방법원 해남지원 2018.04.11 2017가합3585
건물명도(인도)
Text

1. The Defendant, as indicated in paragraph 1 of the attached list, will make 1, 2, 5, 6, and 1.

Reasons

Facts of recognition

The plaintiff completed the registration of ownership transfer on September 9, 2010 on each real estate listed in the separate sheet on July 3, 2008.

On September 12, 2015, the Plaintiff leased part of the lease deposit amounting to KRW 12 million, monthly rent, and two years from the expiration date of the lease term to the Seocho Franc Co., Ltd. (hereinafter “Seo Franc”) on the ground of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

(이하 ‘이 사건 임대차계약’이라 한다). 그 후 서광에프피씨는 위 증축동 창고 중 별지 도면 표시 ㄱ, ㄴ, ㅁ, ㅂ, ㄱ을 순차로 연결한 선내 ㈎ 부분과 별지 도면 표시 ㄴ, ㄷ, ㄹ, ㅁ, ㄴ을 순차로 연결한 선내 ㈏ 부분에 생선선별기(모도리)를 각 설치하고 사용하였다

(B) The Plaintiff filed a lawsuit claiming payment of KRW 56 million in arrears from October 2016 to October 10, 2017, against Cheongju District Court Decision 201Da24058, Cheongju District Court Decision 2016Da24058, and Cheongju District Court Decision 2017 rendered a favorable judgment on May 10, 2017.

Furthermore, the Plaintiff filed a lawsuit against the Seoeng F&C seeking restitution and restitution of unjust enrichment by terminating the instant lease agreement, etc. and claiming restitution and restitution of unjust enrichment on the ground of the rent delay in the second period of Gwangju District Court Decision 2017Gahap3257, and on February 14, 2018, the said court accepted most of the Plaintiff’s claims.

On the other hand, in the compulsory execution conducted by the Plaintiff with the judgment of Cheongju District Court 2016Kadan24058 as the executive title, with respect to the corporeal movables owned by Cheongdae Franck, the Defendant received a successful bid for the instant biochemical machine on July 19, 2017, and received a delivery by paying the proceeds of the sale.

[Ground of recognition] dispute.

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