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(영문) 서울남부지방법원 2017.01.10 2016가단210164

건물명도

Text

1. For the plaintiffs, defendant C Co., Ltd., each of the real estate listed in the annexed Form 1, and defendant D, each of the real estate listed in the annexed Form 2.

Reasons

1. Facts of recognition;

A. The Plaintiffs completed the registration of ownership transfer on July 13, 2015, based on a compulsory auction on July 13, 2015, with respect to each of 1/2 shares among the respective real estates listed in attached Tables 1 and 2.

B. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) occupies each real estate listed in attached Form 1, and Defendant D occupies each real estate listed in attached Form 2 from July 13, 2015 to that date.

C. Since July 13, 2015, the rent for each real estate listed in Attached Forms 1 and 2 shall be as listed in the rent for each real estate listed in Attached Forms 3 and 3.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of appraisal of fees by appraiser E, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant Company is obligated to deliver each of the real estate listed in the separate sheet No. 1; Defendant D is obligated to deliver each of the real estate listed in the separate sheet No. 2; Defendant Company is obligated to pay the amount calculated at the rate of KRW 8,801,310 (No. 102), KRW 9,707,050 (No. 201), KRW 7,340,990 (No. 302) (No. 201) until December 1, 2016 to KRW 10, KRW 52,200 (No. 102); Defendant Company is obligated to pay the amount calculated at the rate of KRW 20,000 (No. 201, May 1, 2016) to KRW 10, KRW 3015, KRW 1060 (No. 306, May 16, 20197).

3. Judgment on the defendants' assertion

A. The Defendants’ assertion 1) Franchis Construction Co., Ltd. (hereinafter “Franchis Construction”).