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(영문) 서울동부지방법원 2015.12.09 2015가단111137
건물명도
Text

1. The head home and shopping of the defendant corporation shall each be indicated in the attached Form to the defendant Seoul Special Metropolitan City Agriculture and Fisheries Food Corporation;

Reasons

1. Facts of recognition;

A. Around December 2013, Defendant Incorporated Head Home Shopping Co., Ltd. (hereinafter “Defendant Company”) determined the part of the building indicated in attached Form 1 from Defendant Incorporated Food and Agriculture Corporation (hereinafter “Defendant Incorporated”) as the deposit amount of KRW 135,940,00,00, monthly rent of KRW 10,197,440 (including surtax) and the period of December 2014, and set the deposit amount of each building listed in attached Forms 2 through 7 as the deposit amount of KRW 4,869,00, monthly rent of KRW 548,90 (including surtax), and the period of KRW 548,90,00 by December 2014.

(hereinafter “Lease of this case”). (b)

The Plaintiff received a payment order from the Defendant Company on November 15, 2013 in Seoul Central District Court Decision 2013 tea74763, and on June 10, 2014, based on the executory exemplification of the above payment order, the Plaintiff issued a provisional seizure order with the amount of the claim amounting to KRW 1,947,798,094 as to the claim for the return of the lease deposit of this case to the Defendant Company’s Defendant Corporation as the provisional seizure and collection order, and the above order was served on the Defendants on June 16, 2014.

C. The Defendant Company’s unpaid rent or unjust enrichment equivalent to the unpaid rent by October 31, 2015, and the unpaid management fee by September 30, 2015 are KRW 77,828,140 in total.

【Non-contentious facts, Gap evidence 1, 2, Eul evidence 4, Eul evidence 1, 2 (including evidence with provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease of this case terminated upon the expiration of the term, the defendant company is obligated to deliver each part of the building as stated in the attached Form to the defendant Corporation upon the plaintiff's request subrogated to the defendant Corporation as a lessor as a collection right

B. In addition, according to the above facts, the defendant corporation received the parts of each of the buildings listed in the separate sheet from the defendant corporation, and at the same time, the defendant corporation received the delivery from the defendant corporation to the plaintiff who is the collection right holder = 165,154,00 won = 135,940,00 won x 4,869,000 won x 6 buildings.

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