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(영문) 서울남부지방법원 2016.08.26 2016가단210034

건물인도 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. delivers the buildings listed in the separate sheet;

B. Defendant C, Inc.

Reasons

1. The Plaintiff, on October 29, 2014, leased to Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant E Co., Ltd. (hereinafter “Defendant E”), a building listed in the attached list (hereinafter “instant building”) as the lease deposit amount of KRW 10 million, monthly rent of KRW 1540,000,000, monthly rent of KRW 1540,000,000, monthly rent of KRW 3330,000,000, monthly rent of KRW 3330,000,000 from November 22, 2014 to November 21, 2016; Defendant B did not pay rent and management fee from May 22, 2015, and the Plaintiff did not have any dispute between the parties to the instant building without the Plaintiff’s consent.

According to the above facts, the lease contract between the plaintiff and the defendant B was terminated, and the defendant C and the defendant E occupy the building of this case without any title. Thus, the defendant B deliver the building of this case to the plaintiff, and the defendant C and the defendant E are obliged to leave the building of this case from May 22, 2015 to the completion date of delivery of the building of this case.

2. As to the claim against Defendant D (hereinafter “Defendant D”), the Plaintiff sought the removal of the instant building on the ground that Defendant D illegally occupied the instant building from Defendant B by transferring it to another place.

However, it is not sufficient to recognize that Defendant D possessed the building of this case only with the descriptions of Nos. 3-1 and 2, and there is no other evidence to acknowledge it, the Plaintiff’s assertion is without merit.

3. If so, the plaintiff's claim against the defendant B, defendant C, and defendant E is justified, and the claim against the defendant D is dismissed as it is without merit.