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(영문) 수원지방법원 2017.07.07 2016나69444
물품보관료 등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. On December 9, 2010, the Plaintiffs acquired ownership by winning a successful bid for the buildings listed in the separate sheet E in Suwon District Court E (hereinafter “instant buildings”).

The Defendant is a person who had been operating a mutual hospital called “F Council member” before the Plaintiffs acquired the above building by leasing the entire building of this case.

B. On March 30, 2011, the Plaintiffs leased the instant building to the Defendant with a period of two years from March 31, 201, from March 31, 2011 to March 30, 201, without a lease deposit.

(A) The Plaintiffs and the Defendant stipulated a special term that, instead of having no security deposit at the time of the instant lease agreement, the lessee shall immediately deliver the instant building to the lessor when he/she has failed to pay rent for at least one month, and shall not file a civil or criminal objection even if he/she disposes of the rental fee with the lessor, with the intent of the lessor, to give up the medical facility and the object of collection of rent for at least one month, and to dispose of the rental fee with the lessor.

C. The Plaintiffs filed a lawsuit against the Defendant on May 10, 2012, including the name of the building, following the Defendant’s delinquency in payment for the four-month period (U.S. District Court 2012Gahap9297). The Plaintiffs received a favorable judgment in favor of the non- pleadings pursuant to Articles 208(3)1 and 257 of the Civil Procedure Act on July 13, 2012 because the Defendant did not file any lawsuit despite having received a written complaint in the said lawsuit, and the said judgment became final and conclusive on September 15, 2012.

However, the duplicate of the complaint in the above lawsuit was received by the defendant's employee, but the notice of the sentencing date was served later, and the judgment was served by public notice.

On October 26, 2012, the Plaintiffs executed India in accordance with the instant judgment. At the time of the enforcement, 14,690,000 won was required due to transportation expenses, personnel expenses, bridges, entrance and exit expenses, etc.

In addition, storage fees of 15,180,000 shall be placed in the warehouse for six months, such as the house of the hospital operated by the defendant.

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