logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.02.12 2014가단50572
대위 건물명도등 전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 201, the Defendant concluded a lease agreement with Nonparty C and D, setting the lease deposit amount of KRW 76,00,000, monthly rent of KRW 2,300,000 (the first day of each month of payment, value-added tax, and management fee) as the lease agreement with Nonparty C and D regarding the building listed in the separate list owned by the Defendant (hereinafter “instant building”).

B. The Defendant filed a lawsuit against D and C by the joint lessee on the ground of the rent delay against the joint lessee D and C, Seo-gu District Court 2013Kadan48992.

On March 12, 2014, the instant lawsuit was submitted to the same court for conciliation proceedings No. 2014 money940, and the conciliation was concluded on March 12, 2014 (hereinafter “instant lease agreement”).

(3) Article 5 (1)

1. The Defendants (C and D) shall jointly and severally pay 39,000,000 won to the Plaintiff (B) by April 18, 2014.

2. With respect to the Defendants (C, D) and the instant building, the Plaintiff (B) entered into a lease agreement with the term of lease from March 1, 2014 to February 28, 2016; and the monthly rent of KRW 2,300,000. The Defendants did not claim for premium and beneficial cost when delivering the instant building to the Plaintiff, and have to restore the building to its original state.

3. The Defendants did not comply with Paragraph 1, or did not pay the monthly rent twice, lose the benefit of time, and immediately deliver the instant building to the Plaintiff.

C. On July 4, 2014, the Seoul Western District Court issued a seizure and collection order under the Seoul Western District Court 2014TTTTB No. 2014,629, the amount claimed based on D’s credit (Seoul Western District Court 2014,629, mediation protocol) as KRW 154,547, and as to D’s claim to return the lease deposit under the instant lease agreement to the Defendant against D’s third party obligor.

The above seizure and collection order was served on D and the defendant around July 8, 2014, and became final and conclusive around that time.

(hereinafter “instant seizure and collection order”). D.

The plaintiff's credit against C (No. 1107, No. 2014, No. 1107, No. 2010).

arrow