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(영문) 수원지방법원 2015.12.22 2015가단50817
건물명도 등
Text

1. The Defendants shall order the Plaintiff to name the 1st floor of 890.86 square meters among the real estate recorded in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On March 19, 2014, the Plaintiff received lease deposit money of KRW 150,000,000, monthly rent of KRW 9,000,000 for rental deposit and management expenses of KRW 2,00,000 for each month, and the rent of KRW 2,00,000 for each month from the last day of each month, from March 19, 2014 to May 18, 2017, from the lessee of this case (hereinafter in this case, the lease of this case) and delivered the instant store to the lessee of this case after receiving KRW 150,00,000,00 from the lessee of this case as the lease deposit, and the Plaintiff established the instant store on April 28, 2014 as the lessee of this case.

The Plaintiff was unable to pay monthly rent from the lessee of the instant case from the end of May 2014, and thus, declared on January 2, 2015 that the instant lease contract was terminated to the lessee of the instant case.

The sum of the instant lessees from May 2014 to June 15, 2015 is KRW 181,548,611, due to the nonperformance of unjust enrichment, management expenses, electricity, and water supply charges on the monthly rent or monthly rent.

B. The Plaintiff filed a lawsuit against the instant lessee and H by Suwon District Court Decision 2015Kadan9758, which limited KRW 150,000,000 from the name of the instant store and the unpaid amount to KRW 31,548,611. The Suwon District Court rendered a judgment in favor of the Plaintiff on June 30, 2015, and the said judgment became final and conclusive on July 21, 2015.

C. The plaintiff was above B.

On August 6, 2015, when the execution clause was granted for compulsory execution of the judgment on the entry in the port, the execution clause was intended to execute the surrender against lessee F on August 6, 2015, but Defendant A and Defendant D had been in possession of the instant store upon presenting the business registration certificate, and thus, it was impossible to execute the surrender. However, Defendant A tried to execute the surrender against the lessee G on August 6, 2015.

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