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(영문) 인천지방법원부천지원 2015.10.21 2015가단20300

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On August 1, 2013, the Plaintiff leased a building listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to C, with the lease deposit of KRW 20 million, KRW 3 million per month, and the period from August 1, 2013 to July 31, 2015.

B. C did not pay the remainder of KRW 18 million to the Plaintiff without paying the remainder of KRW 2 million.

C. Accordingly, the Plaintiff terminated the lease contract on the grounds of the delinquency in rent for more than two years, and filed a claim against C for the return of the instant building.

However, the defendant is his father and wife in the name of the defendant, and he has registered his business in his name (D) and occupies the building of this case.

[Grounds for recognition] Unsatisfy, Gap 1-5 evidence, the purport of the whole pleadings

2. As to the Plaintiff’s claim against the Defendant for the delivery of the instant building, the Defendant did not assert or prove the right to possess the instant building.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

3. It is so decided as per Disposition by citing the Plaintiff’s claim on the grounds as above in conclusion.