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인천지방법원 부천지원 2018.03.14 2017가단16916

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. Ordering each point in the separate sheet No. 1, 2, 3, 4, and 1 of the building indicated in the separate sheet.

Reasons

1. The grounds for the claim shall be as specified in the attached Form of the facts;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to deliver to the Plaintiff a map indicating the following: (a) section 330.63 square meters in the ship (Ga) which connects each point of the attached table Nos. 1, 2, 3, 4, and 1 to the Plaintiff; (b) KRW 53.37 square meters in the ship (Na), which connects each point to each point, in sequence; and (c) KRW 7,700,000 in the total amount of overdue rent and KRW 7,700 in the ship and KRW 1,540,000 in the amount calculated from December 30, 2017 to the completion date of delivery of the part of the building.

B. The defendant's assertion and its judgment are alleged to the purport that the defendant intentionally failed to pay monthly taxes, but failed to pay monthly taxes due to the economic depression, and thus the plaintiff's claim seems to be unjustifiable. However, the above circumstance alone is difficult to deem that there is a justifiable ground to refuse the plaintiff's claim. Thus, the defendant's above argument is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.