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(영문) 수원지방법원안산지원 2019.02.20 2018가단10289
건물명도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1호증, 을 1∽4호증의 각 기재, 변론 전체의 취지 (1) 원고는 2007. 4. 15. 피고와 사이에 시흥시 C 외 3필지 토지 및 그 지상 축사 건물(이하 ‘이 사건 부동산’)에 관하여 임대차보증금 3,000만 원, 차임 월 300만 원(부가가치세별도), 임대차기간 2007. 4. 15.부터 2009. 4. 15.까지로 하여 임대하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’)을 체결하였다.

(2) 1) After the Plaintiff’s renewal and maintenance of the instant lease agreement with the Defendant, the Plaintiff notified the Defendant of the termination of the contract on March 2018 on the ground that the instant lease was overdue.

② On May 2, 2018, the Defendant sent to the Plaintiff a certificate of content as indicated in attached Form 1.

③ The Plaintiff was delivered the key to the instant real estate by the Defendant on July 12, 2018.

(3) Meanwhile, the Defendant, upon filing an application for commencing rehabilitation procedures with the Seoul Central District Court on June 5, 2013, received a decision of commencing rehabilitation procedures from the above court on June 5, 2013, and the Defendant was appointed as a custodian (the above court No. 2013 group 117). The above court rendered a decision on the following separate dates when it rendered a decision of commencing rehabilitation procedures on June 5, 2013.

(hereinafter referred to as “instant decision”). 1. The approval of this Court shall be obtained by the receiver for any of the following acts:

(b)

E. Act of entering into a contract or bearing obligations, such as donation, sale, exchange, loan for consumption, lease, employment, contract, delegation, deposit, etc., in which an amount of money exceeding three million won is expected to be disbursed.

2. The assertion and judgment

A. The Plaintiff’s summary of the assertion: (a) The Defendant is obligated to pay in installments the rent of KRW 47.9 million up to July 2014, as shown in attached Table 2, to pay in installments the rent of KRW 20.1 million; and (b) as such, the Defendant shall pay KRW 27.8 million.

(2) The defendant is a vehicle again.

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