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(영문) 수원지방법원성남지원 2015.07.10 2015가단6318
건물퇴거 등
Text

1. The Defendant delivers to the Plaintiff the building indicated in the attached list, and from June 10, 2015, KRW 12,932,258 and its amount.

Reasons

1. Facts of recognition;

A. On November 8, 2012, the Plaintiff agreed to pay the lease deposit amounting to KRW 20 million, monthly renting to KRW 1.9 million (payment on August 8, 2012), and the lease term from December 8, 2012 to December 7, 2014, the Plaintiff agreed to pay KRW 22.8 million monthly rent (=1.9 million x 12 months) in advance (hereinafter “instant lease agreement”).

C On November 8, 2012, the Plaintiff did not pay only KRW 20 million out of the lease deposit amount of KRW 20 million and the monthly rent of KRW 20 million to the Plaintiff and the additional monthly rent.

B. On February 25, 2014, the Plaintiff notified C of the termination of the instant lease agreement on the grounds of the unpaid monthly rent by content-certified mail, and the said notification was served on the 27th of the same month.

C. On November 20, 2014, the Plaintiff filed a lawsuit against C seeking delivery of a building, etc. under the court’s 2014da6267, 2014da27400 (combined). On November 20, 2014, the lower court rendered a judgment that “C shall receive KRW 600,000 from the Plaintiff and deliver the instant building to the Plaintiff at the same time, and paid to the Plaintiff money calculated by the rate of KRW 1,90,00 per month from September 8, 2014 to the completion date of delivery of the instant building.”

The above judgment became final and conclusive around that time.

Based on the above judgment, the Plaintiff sought the delivery execution of the instant building C.

An enforcement officer entered the building of this case for the execution of India on January 7, 2015, but at this point, there was a lease transfer contract, etc. to which the defendant is the transferee, and thus the execution of extradition was impossible.

E. On May 26, 2014, the Defendant received a transfer of the right of lease under the instant lease agreement from C without obtaining permission from the Plaintiff, and resided in the instant building from November 7, 2014, and made a move-in report to the instant building on November 26, 2014.

On December 13, 2014, the jurisdiction passbook confirmed that the defendant resided in the building of this case.

F. The Defendant’s objection.

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