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(영문) 서울중앙지방법원 2014.10.17 2014가합539077
승계집행문부여에대한이의
Text

1. On the judgment of the Seoul Central District Court 2013da169047, such as the delivery of store between the defendant and B

Reasons

1. Basic facts

A. On January 1, 2007, the Defendant entered into a lease agreement with Nonparty 2 on the indication of the attached drawings (1, 2, 3, 4, and 30 square meters of the store (a) part of the store (a) connected each point in order, and 30 square meters of the store (hereinafter “instant store”).

B. After that, on January 1, 2008, the Defendant entered into a specialized store operation contract with respect to the instant store B in accordance with the method determined by the Defendant (hereinafter “instant specialized store operation contract”) and concluded a contract with respect to the instant store from January 1, 2008 to December 31, 2012, following the renewal contract each year, and finally set the contract period from January 1, 201 to December 31, 2012.

On December 31, 2012, the Defendant notified B that the instant store should be restored to its original state by January 7, 2013, on the ground that the contract term for the instant store expires.

C. As the Defendant did not deliver the instant store despite the above notification, the Defendant filed an application against B for the temporary injunction against the possession transfer of the instant store, and received the Seoul Central District Court Decision 2013Kadan4996 on May 23, 2013 (hereinafter “provisional injunction against the possession transfer of the instant store”).

On June 4, 2013, the enforcement officer of the Seoul Northern District Court completed the execution of the provisional disposition prohibiting the transfer of possession of the store of this case on the ground that the F participated in the F in accordance with the above provisional disposition order (F is stated in the enforcement protocol as a staff of B) attaching a notice stating the contents thereof.

(hereinafter “instant provisional disposition execution”). E.

After that, the defendant filed a lawsuit against B against the Seoul Central District Court No. 2013da169047, and on March 5, 2014, the above court filed a lawsuit against B seeking the delivery of the store in this case.

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