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(영문) 전주지방법원정읍지원 2019.01.17 2018가단2026
제3자이의 소
Text

1. The Defendant’s judgment with the Jeonju District Court Decision 2017Gaso850 Decided September 8, 2017 rendered by the Defendant for a declaration of provisional execution against C.

Reasons

1. Basic facts

A. On July 9, 2018, the Defendant issued a judgment against C to the effect that C filed a lawsuit for wage claim of KRW 21,818,494, and delayed payment thereof, and that C’s claim for compulsory execution under the former District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch (hereinafter “instant corporeal movables”) was seized and executed on the attached list (hereinafter “instant corporeal movables”).

(hereinafter “instant compulsory execution”). B.

On May 28, 2015, the Plaintiff, as the owner of the instant restaurant building, entered into a lease contract with C by setting the lease deposit of KRW 5,000,000, monthly rent of KRW 800,000, and the lease period of KRW 2 years. The terms and conditions of the special agreement stipulate that “The lessee shall transfer the collection date to the lessor as its original condition upon the expiration of the contract.”

C. On June 1, 2017, the Plaintiff renewed the instant restaurant rental contract under the same conditions as the previous one, and the deposit is treated as being fully deducted from the previous rent in arrears. The special terms and conditions “1. After the termination of the contract, all of the collections after the termination of the contract shall be returned as refined goods.

(b)

3. A lessee shall have low temperature storage after the expiration of the contract, and all electronic equipment shall be returned to a lessor in its original condition and shall not claim the right.

“The content was determined. D.

Around June 26, 2014, the instant restaurant was provided for restaurant business for more than one year as the Plaintiff’s business registration was completed in the name of F, the Plaintiff’s children, and it was used for restaurant business after entering into a lease agreement as above, C transferred all the facilities and equipment inside the existing restaurant as it was, and after being transferred all the facilities and equipment inside the existing restaurant.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 to 9, purport of the whole pleadings

2. The lower judgment on the grounds of the claim and the evidence duly admitted as follows.

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