(영문) 서울북부지방법원 2020.03.31 2018가단141920

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(영문) 서울북부지방법원 2020.03.31 2018가단141920

건물명도(인도)

Text

1. Of the instant lawsuits, the proceedings against the claim for delivery of the articles listed in [Attachment 2] No. 19 shall be dismissed.

2. Defendant D.

Reasons

1. We examine, ex officio, determination as to the legitimacy of the lawsuit regarding the claim for delivery of articles listed in [Attachment 2 List 19] among the instant lawsuit, as to whether this part of the lawsuit is lawful.

The Plaintiff is seeking against the Defendants the delivery of all of the goods stored in the Seoul Dongdaemun-gu E, the first floor F through G, such as rice, grain, etc., and warehouse, as indicated in the [Attachment 2] list 19.

However, it is not clear whether specific goods are included in the above list Nos. 1 through 18 in the same manner as the above mentioned above, and it is difficult to view that the characteristics, quantity, etc. of the subject goods are specified individually and individually.

Therefore, this part of the lawsuit is unlawful because it is difficult to see that the subject of the lawsuit is clearly specified.

2. Determination as to remaining requests for extradition

A. The plaintiff asserts as follows against the defendants.

1) The Plaintiff’s building indicated in the attached Table 1 list (hereinafter “instant building”).

(2) On July 15, 2018, the Plaintiff entered into a lease agreement with H Co., Ltd., the owner of the instant building with KRW 80,00,00, monthly rent of KRW 5,500,000, and the lease term of KRW 5,000 from July 15, 2018 to February 12, 2021. As to the Defendants who occupy the instant building by subrogation of H, Co., Ltd., the Plaintiff seek delivery of the building to the Defendants who occupy the instant building by subrogation of H. (2) from J, who operated the instant building with the trade name of “Ima” in the instant building on June 30, 2018, the Plaintiff acquired the goods listed in the attached Table 2 (hereinafter “the instant goods”), such as the Marart’s facilities and goods, and the term following the process of litigation. For the same reason, the aforementioned goods listed in the list No. 19 are not subject to the judgment of this part; hereinafter the same shall apply).

B. Determination 1, Defendant B and C, as above, are the Plaintiff.

유사 판례

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