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(영문) 서울남부지방법원 2016.07.07 2016가합102567

건물명도

Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

(a) deliver the real estate listed in the separate sheet;

(b) 95,00.0

Reasons

1. Basic facts

A. On August 18, 2014, the Plaintiff et al. decided to lease the real estate indicated in the separate sheet (hereinafter “instant real estate”) in which the Plaintiff et al. owned one-half shares of each of the Plaintiff et al. to the Defendant, from September 1, 2014 to August 31, 2016, with the lease deposit amount of KRW 275,00,000, and the lease deposit of KRW 27,500,000 (including value-added tax, and the last day of each month), and thereafter, delivered the instant real estate to the Defendant at that time.

B. The Defendant did not pay to the Plaintiff, etc. KRW 12,500,000 among the rent for February 2015 for the instant real estate and the subsequent rent.

C. On March 2, 2016, the Plaintiff et al. notified the Defendant that the instant lease contract was terminated on the grounds of the delinquency of rent at least three times, and the said notification reached the Defendant around that time.

The Defendant occupied and used the instant real estate until the date of closing the argument in this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, since the lease contract of this case was terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, who is co-owners of the real estate of this case.

B. 1) In addition, the Defendant occupied and used the instant real estate after the termination of the instant lease agreement with the Plaintiff, etc. (the Defendant occupied and used the instant real estate, without any legal ground, and suffered damages equivalent to the same amount from the Plaintiff, etc.

In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent.

(2) The Plaintiff et al. is obligated to pay the Plaintiff et al. to the Defendant. Accordingly, the Defendant is an indivisible claim in its nature. Accordingly, the Defendant is the Plaintiff et al. from February 2, 2015 to March 31, 2016, with a total of KRW 370,000,000 = 20.