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(영문) 창원지방법원진주지원 2020.11.13 2020가단33663
건물인도
Text

The Defendant, as the Plaintiff

A. It delivers a building listed in the separate sheet and from April 2, 2020 to the completion date of delivery of the building.

Reasons

1. Basic facts

A. On June 4, 2015, the Plaintiff filed a lawsuit against the Defendant and Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) seeking delivery of the instant building and payment of overdue rent. However, during the litigation process, a decision of recommending settlement was finalized on June 24, 2016, stating that “if the Defendant and Nonparty Co., Ltd. pay overdue rents KRW 6,500,000 and lease deposits KRW 5,000,000, it shall be deemed that a lease agreement with the following terms is concluded:

On August 1, 2016, a building listed in the attached Table (hereinafter referred to as “instant building”) between the defendant and the non-party company shall be leased with a lease deposit of KRW 5,000,000, monthly rent of KRW 500,000, and the lease period of KRW 1,000 from August 1, 2016 to July 31, 2018.

(hereinafter “instant lease”). A.I.D. -

B. The Defendant and the non-party company concluded the lease agreement of this case with the above terms and conditions by paying the money following the above reconciliation recommendation. However, the Plaintiff filed a lawsuit seeking delivery of the above building and payment of overdue rent under the Changwon District Court Jinwon Branch 2017Gadan3105 (hereinafter “instant judgment”) on May 3, 2018.

Although the judgment of this case became final and conclusive between the plaintiff and the non-party company, the defendant appealed as the Changwon District Court 2018Na2244, which was dissatisfied with the above judgment, and the above appellate court withdrawn the lawsuit on March 14, 2019.

B. In accordance with the instant judgment, the Plaintiff conducted a compulsory execution demanding the delivery of the building on the instant building. However, the Defendant refused to execute the said execution with the purport that corporeal movables in the instant building are one’s own possession, and the Plaintiff raised an objection against the refusal of enforcement delegation by the execution officer under the Changwon District Court Jinju Branch Branch 2019Kaga10015, but the said corporeal movables were dismissed on December 12, 2019.

[Ground of recognition] There is no dispute.

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