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(영문) 대전지방법원 2014.11.19 2014가단20308
건물명도 등
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in their respective separate lists;

B. Defendant B and C shall each be dated 2012.

Reasons

1. Facts of recognition;

A. On May 22, 2009, the Plaintiff, via her husband E, entered into a lease agreement with F, on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), by setting the lease deposit of KRW 10 million, the monthly rent of KRW 330,000 (including value-added tax), the payment of KRW 22,00 per month (the first monthly rent commences from July 22, 2009), and the term of the lease from May 22, 2009 to May 21, 2012. On the same day, the Plaintiff delivered the instant real estate to F with the status of KRW 3 million out of the lease deposit.

B.F operated a restaurant after the interior interior interior interior interior of the above building, but did not pay the remainder KRW 7 million of the lease deposit or monthly rent.

C. On April 20, 2012, the Plaintiff: (a) filed a lawsuit against F with the Daejeon District Court 2012Kadan2800 regarding the building of the instant real estate, which was subject to a provisional disposition of prohibiting the transfer of real estate possession; and (b) filed a lawsuit with the Daejeon District Court 2012Kahap4187, Sept. 14, 2012; (c) “F transferred the instant real estate to the Plaintiff and paid the money calculated at the rate of KRW 300,000 per month from May 22, 2010 to the day the delivery of the said building was completed; (d) the instant judgment became final and conclusive; and (e) on October 18, 2012, the Plaintiff did not assert that the instant property was owned by the Defendant’s partner and carried out compulsory execution of corporeal movables owned by the Daejeon District Court 2012Kadan24675, Jun. 14, 2012.

As above, Defendant B filed an objection to compulsory execution, and filed an objection against the Plaintiff with Daejeon District Court 2012Gadan46535, Daejeon District Court 2012Kadan46535. On November 13, 2012, the Daejeon District Court 2012Kaga1899, which received a decision to suspend compulsory execution, and the said third party’s lawsuit is the first instance court.

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