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(영문) 광주지방법원순천지원 2015.06.24 2014가단15907

건물인도

Text

1. The Plaintiff:

A. The defendant A is a house (multi-unit) listed in the attached Table 2 list No. 1

B. Defendant B shall be in attached Form 2.

Reasons

1. According to the evidence Nos. 1 and 5 of the judgment as to the cause of the claim, the following facts can be acknowledged.

[Defendant B, C, E, G, and H are deemed to have been each confession (Article 208(1)3 of the Civil Procedure Act). ① The Defendants concluded each housing lease agreement with respect to the housing listed in [Attachment 1] Nos. 1 through 4, 6 through 9 of the list of real estate 2 as shown in the attached Table No. 1 with the Plaintiff, and agreed that the monthly rent shall be delayed for at least three months, if they own another house during the term of the lease, and if they have leased the rental house by fraud or other improper means, the above lease agreement is terminated automatically, and the said housing shall be transferred to the Plaintiff.

② Defendant A, B, C, D, F, and H were in arrears with monthly rent as indicated in the Schedule No. 1’s “Grounds for Termination”. Defendant G, H, and D owned another house, and Defendant G, H, and D had the expiration of their respective contract terms.

For the foregoing reasons, the Plaintiff notified the Defendants of the termination of the contract respectively.

According to the facts acknowledged as above, Defendant A is obligated to deliver to the Plaintiff the house listed in the attached Table 2 List No. 1 ( apartment), Defendant B is the house listed in the attached Table 2 List No. 2 ( apartment), Defendant C is the house listed in the attached Table 2 List No. 3 ( apartment house), Defendant D is the house listed in the attached Table 2 List No. 4 ( apartment house; hereinafter “ apartment house”) of the attached Table No. 4, Defendant E is the house listed in the attached Table 2 List No. 6 ( apartment house); Defendant F is the house listed in the attached Table 2 List No. 7 ( apartment house); Defendant G is the house listed in the attached Table 2 List No. 8 ( apartment house); and Defendant H is the obligation to deliver the house listed in the attached Table 2 List No. 9 ( apartment house) of Real Estate

2. 피고들 주장에 관한 판단 피고 D의 추가시설물 공사대금 390만 원을 피담보채권으로 한 유치권 주장 : ▷을 1, 2호증의 각 기재에 의하면, 위 피고가 제4호 아파트에 관하여 전 소유자인 금강종합건설(주)과 임대차계약을...