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(영문) 서울중앙지방법원 2020.02.19 2019가단18653
건물인도등 청구의 소
Text

1. Defendant B shall deliver to Defendant C the buildings listed in the separate sheet.

2. Defendant C shall list the attached list from Defendant B.

Reasons

1. Basic facts

A. On January 1, 2018, Defendant C leased the instant store to Defendant B as KRW 2,00,000,000 per lease deposit, KRW 200,00 per month of rent, and KRW 240,00 per month from January 1, 2018.

(hereinafter “instant lease”). B.

The Plaintiff filed a lawsuit against Defendant B with this Court 2018 Ghana2573672, and sentenced that “Defendant B shall pay to the Plaintiff the amount of KRW 6,792,00 and the amount calculated by the rate of 15% per annum from September 12, 2018 to the date of full payment.” The judgment became final and conclusive on December 18, 2018.

On March 12, 2019, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against Defendant B, as the Jeonju District Court 2019TT, for KRW 3,032,200, out of the refund claims of the lease deposit under the lease of this case against Defendant C, as the Jeonju District Court 2019T, and the order was served on Defendant C on March 29, 2019.

C. Defendant B was in arrears with August 2019, when it was due to the instant lease.

The Plaintiff stated, on November 13, 2019, an express indication to the effect that the lease of this case is terminated by subrogation of Defendant C, the lessor, on the ground of the lessee’s delinquency in rent in arrears in the Plaintiff’s claim and the ground for the change of the claim. The written application was served on Defendant B on November 19, 2019.

Defendant B continues to use and take profits from the store of this case even after the above delivery.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6 and 7, and the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B was late from August 2019, because it was delayed due to the lease of this case. Thus, the Plaintiff, the collection authority following the collection order of this case, terminated the lease of this case by subrogation of the Defendant C.

Therefore, Defendant B is obligated to deliver the instant store to Defendant C upon the Plaintiff’s request by the subrogation of Defendant C, and the Defendant C was in arrears with the deposit amount of KRW 2,00,000.

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