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(영문) 수원지방법원 2019.06.26 2018가합15911
건물명도(인도)
Text

1. The Defendant (Counterclaim Defendant) and the Plaintiff:

(a) deliver each real estate listed in the separate sheet;

Reasons

1. The plaintiff A is the owner of each real estate listed in the separate sheet Nos. 1 through 7, and the plaintiff B is the owner of the real estate listed in the separate sheet No. 8.

On July 24, 2017, the bankrupt C Co., Ltd. (hereinafter “Bankruptcy Co., Ltd”) was declared bankrupt on July 24, 2017 by Suwon District Court 2017Hahap1041, and the defendant was appointed as bankruptcy trustee.

Plaintiff

A on October 31, 2012, on the real estate listed in attached Table 2 and general steel structure building on that land, A leased the lease deposit of KRW 10,000,000 for lease deposit, monthly rent of KRW 1,00,000 for lease, and the lease term of KRW 31,00 for lease from October 31, 2012 to October 31, 2014. The parties understood that the above contract is related to each real estate listed in attached Table 1, 2, and 174 square meters for general steel structure building on that land.

On October 31, 2012, the Plaintiffs leased each real estate listed in Articles 4 and 8 of the [Attachment List to the Bankruptcy Company] 20,000,000, monthly rent of KRW 2,000,000, and the lease period of KRW 31, 200,000, from October 31, 2012 to October 31, 2014.

Plaintiff

A on March 15, 2014, on the real estate listed in paragraph (2) of attached Table 2 and real estate listed in paragraph (6) of this Article, the lease deposit amount of KRW 20,000,000 and monthly rent of KRW 2,00,000 were leased to the bankruptcy company.

However, the Plaintiffs and the Bankruptcy Company agreed that the Plaintiffs leased each of the real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”) to the Bankruptcy Company in total at KRW 50,000,000, monthly rent of KRW 5,000,000.

(hereinafter collectively referred to as the “instant lease agreement”). The bankruptcy company occupies the instant real estate and uses it to keep mechanical equipment.

The bankruptcy company paid the difference to the plaintiffs until July 2017, and did not pay the difference from August 1, 2017.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul No. 1.

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