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(영문) 서울남부지방법원 2016.04.28 2015나7560
건물인도 등
Text

1.The judgment of the first instance court shall be modified upon a request for change in exchange at the trial as follows:

The defendant.

Reasons

1. Basic facts

A. On October 23, 2012, Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)’s representative Nonparty Co., Ltd. concluded a lease agreement setting the lease period from the Plaintiff as 19,00,000 won for lease deposit, 1,90,000 won for rent (payment on November 25, 201), and from November 25, 2012 to November 24, 2013 for lease contract setting the lease period as 19,00,000 won for lease deposit (payment on November 25, 2012), and concluded a contract extending the lease period from November 24, 2013.

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease agreement, the non-party company was in arrears from January 25, 2014, and on June 17, 2014, the Plaintiff sent to the non-party company a content-certified mail to the effect that the instant lease agreement is terminated on the grounds of overdue rent, and thereafter reached the non-party company at that time.

C. On March 5, 2015, the plaintiff filed a lawsuit claiming the name map of the building against the non-party company (the representative of the non-party company) as Seoul Southern District Court Decision 2014Da57765, the plaintiff paid 20% interest per annum from February 6, 2015 to the day of complete payment. The plaintiff paid 18,810,000 won to the non-party company, and paid 2,090 won interest per annum from October 25, 2014 to the day of delivery of the building of this case. The above judgment became final and conclusive on March 26, 2015.

The Plaintiff filed an application for the delivery execution of the building with the final and conclusive judgment on the non-party company as the executive title. On August 19, 2015, the enforcement officer of this court rendered delivery execution of the building of this case and delivered the building of this case to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, 12, and 13, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination 1 is the cause of the instant claim, and as such, against the non-party company.

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