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(영문) 부산지방법원 2018.10.24 2018가단2925

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Defendants are jointly and severally liable to the Plaintiff on 13.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. In full view of the following facts: (a) there is no dispute between the claimant parties against Defendant C; (b) each entry in the evidence Nos. 1 through 3; and (c) the purport of the entire pleadings, with respect to the real estate listed in the separate sheet owned by the Plaintiff as indicated in the separate sheet owned by the Plaintiff, the lease contract was concluded between the Plaintiff and the Defendant on March 7, 2017; (c) the lease contract was concluded between March 3, 2017 and March 2, 2019 (hereinafter “instant lease contract”); (d) the party to the actual lease contract at the time of the instant lease contract was the Defendant C and the person who actually resided in the real estate listed in the separate sheet, but part of the lease deposit was leased to the Defendant B; and (d) the Defendants did not pay the lease deposit for the total amount of KRW 13,500,000,000 and from February 3, 2018.

According to the above facts, Defendant C is obligated to deliver to the Plaintiff the real estate listed in the separate sheet according to the Plaintiff’s declaration of termination for the reason that the lease contract of this case was substantially leased for at least two consecutive years, and Defendant C is jointly and severally liable with Defendant B to pay the amount calculated by the rate of KRW 13,500,000 per month from February 3, 2018 to the completion date of the delivery.

Therefore, the plaintiff's claim against the defendant C is accepted due to the reasons.