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(영문) 부산지방법원서부지원 2019.04.19 2018가단8369

건물명도등

Text

1. The Defendants are to the Plaintiff:

A. It is attached to the first floor of the three floors of the building built of reinforced concrete D&D structure in Busan Seo-gu, Busan, which is a three-story building.

Reasons

1. Claim against the defendant B

A. Basic facts 1) On April 24, 2007, the Plaintiff, among the first floor of the 3rd floor of the 3rd floor of the building built of DD reinforced concrete structure in Busan, Seo-gu, Busan, the part (a) in the ship connecting each point of 1, (b), (c), (c), 3, (d) 4, and (a) in sequence, 9 square meters (hereinafter referred to as the “instant building”).

(2) On April 26, 2013, Defendant B entered into a lease agreement with the lessee of the said lease agreement with the following terms: (a) KRW 10 million; (b) monthly rent of KRW 1 million; and (c) lease period from April 24, 2007 to April 23, 2009; (b) Defendant B did not pay rent under the said lease agreement; (c) the unpaid rent of KRW 10,100,000; and (d) the Plaintiff and the Defendants entered into the same lease agreement with the lessee of the said lease agreement with the Defendant C; and (e) the said lease agreement with the intent to invalidate the said agreement.

3) Defendant B occupies and uses the instant building even after April 26, 2013. [The fact that there is no dispute over the grounds for recognition, evidence No. 1-2, evidence No. 1-2, evidence No. 2, evidence No. 3-1 and No. 3-2, and the purport of the whole pleadings.

B. According to the above facts, Defendant B, an illegal occupant, as the owner of the instant building, is obligated to deliver the instant building to the Plaintiff, and to pay the amount calculated by the ratio of KRW 1100,000 per month from August 1, 2018 to the delivery date of the instant building as compensation for damages arising from the possession, use, etc. of the instant building, which was unpaid under the lease agreement as of April 24, 2007.

C. The plaintiff's claim against the defendant B is reasonable, and it is so decided as per Disposition.

2. Claim against Defendant C

(a) Indication of claim: Delivery of the building of this case due to the termination of the lease contract, and claim for damages equivalent to the rent and the rental fee; and

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);