(영문) 대전지방법원천안지원 2017.11.23 2017가단104039

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(영문) 대전지방법원천안지원 2017.11.23 2017가단104039

건물명도(인도)

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1. The defendant shall deliver the building indicated in the attached list to Nonparty C.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On April 8, 2016, the Plaintiff entered into a lease agreement with Nonparty D, the owner of the instant apartment (hereinafter “instant apartment”), setting the lease deposit of KRW 5,00,000, monthly rent of KRW 330,000, and from April 15, 2016 to April 14, 2017 (hereinafter “instant lease agreement”); (a) concluded the lease agreement with Nonparty D, the owner of the instant apartment; (b) was the year of Nonparty E, the representative of the Plaintiff; and (c) had the Defendant, the actual operator of the Plaintiff company, reside.

B. On October 3, 2016, C purchased the instant apartment from D, and entered into a lease agreement with the Plaintiff on the same terms as the instant lease agreement with the Plaintiff on October 23, 2016, by completing the registration of ownership transfer under the name C, which was received on October 13, 2016 by the Daejeon District Court, the ASEAN Branch Office of the Daejeon District Court, the ASEAN Branch Office of the Daejeon District Court, which received on October 13, 2016.

C. On the other hand, on February 15, 2017, the Plaintiff requested the dismissal of the Defendant and the removal from the instant apartment. On February 23, 2017, the Plaintiff notified C of the refusal to renew the instant lease agreement.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. Determination:

A. 1 creditor can exercise the debtor's right on behalf of the debtor in order to preserve the debtor's claim. If the creditor's right to preserve and exercise the debtor's right on behalf of the debtor is closely related and the creditor's right to exercise his/her right on behalf of the debtor is at the risk of not being able to obtain the complete satisfaction of his/her claim unless the creditor exercises his/her right on behalf of the debtor, and it is necessary to ensure that the performance of the creditor's right on behalf of the debtor is valid and unreasonable, special circumstances, such as the exercise

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