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(영문) 청주지방법원 2014.12.17 2014가단15323
전부금 등
Text

1. The defendant shall deliver C the building for commercial buildings listed in the separate sheet to C.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) On July 1, 2008, the Defendant entered into a lease agreement (hereinafter the instant lease agreement, and occupied the instant commercial building upon delivery of KRW 39,081,00,000,000,000 for rental deposit deposit money, KRW 60 months from April 1, 2008, and KRW 130,000 per month from rent (excluding value-added tax) with respect to the commercial building listed in the attached list C and the attached list (hereinafter the instant commercial building), and entered into a lease agreement (hereinafter the instant lease agreement) with regard to the instant commercial building. (2) On May 1, 2013, the Plaintiff applied for a seizure and assignment order with respect to the Defendant’s claim amounting to KRW 39,081,00,000 for an executory order issued by the Cheongju District District Court 2013,5929, the above court issued a seizure order and assignment order to C on May 2, 2013.

【Ground for recognition】 The fact that there has been no dispute, Gap's evidence 1, Gap's evidence 4-1 and 2, the purport of the whole pleadings

B. According to the facts found above, the instant lease agreement was terminated on April 1, 2013.

As such, the plaintiff who received an order of seizure and assignment of the claim for the refund of the deposit deposit against the defendant C may seek delivery of the commercial building of this case from the defendant in subrogation of C as the whole creditor of the claim for refund of the deposit deposit against C.

2. The plaintiff's claim for conclusion is justified and acceptable.

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