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1. The part concerning the claim for execution expenses in the instant lawsuit shall be dismissed.
2. Defendant A Co., Ltd. shall be KRW 43,884,590 to the Plaintiff.
Reasons
The plaintiff is a company with the main purpose of real estate leasing business and management business, etc.
Defendant A (hereinafter referred to as “Defendant A”) is a company with the main purpose of manufacturing and selling functional food, and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a company with the main purpose of manufacturing and selling functional food and retail distribution business.
The Defendant’s occupation and the Plaintiff’s acquisition of ownership enter into a lease agreement with the Dawon Co., Ltd. (hereinafter “Dawon”) on April 30, 2012, and Sejong Special Self-Governing City C, and the land and the building on the ground (hereinafter “instant factory”) located in Sejong Special Self-Governing City.
) The construction of a single-story water level room, a wastewater treatment room, and a single-story warehouse (hereinafter referred to as “instant real estate” in total of the above land and above-ground buildings.
[) Of the first floor, part of the second floor, the third floor, and the single-story warehouse were occupied and used.
The above lease contract was renewed on the same conditions as in May 2014.
On April 8, 2015, the Plaintiff acquired ownership by winning a successful bid for the instant real estate.
On July 23, 2015, the Plaintiff filed an order for the delivery of real estate with Defendant A with the Daejeon District Court (hereinafter “instant order for delivery”).
(D) In August 2015, Defendant A, subject to the grace period for the execution of the extradition order of this case, drafted a written confirmation that KRW 5,500,000,000 per month paid to the Plaintiff on December 31, 2015, on condition that the enforcement of the extradition order of this case was postponed until December 31, 2015. On March 31, 2016, written a letter of confirmation that the enforcement was postponed until March 31, 2016 and that KRW 5,50,000 shall be paid per month to the Plaintiff.
(2) The Plaintiff’s transfer order execution of the instant real estate constitutes a breach of duty under Article 12(1) of the Civil Act (amended by Presidential Decree No. 2010, Jun. 13, 2016).