토지인도
1. Defendant C Co., Ltd.:
(a) An indication of Attached Form 2 on the ground specified in Attached Table 1 List 1;
Basic Facts
A. The Plaintiffs are the owners of the real estate and the facilities set forth in attached Tables 1 and 2 and 3 (hereinafter “instant gas station and facilities”).
B. On June 22, 2017, the Plaintiffs entered into a lease agreement between Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to the instant gas station and equipment with the deposit amount of KRW 50 million, monthly rent of KRW 4.95 million, and the lease agreement between January 31, 2017 and January 30, 2019 (hereinafter “instant lease agreement”).
B. However, Defendant C is in accordance with June 2017.
7. In addition to the payment of some of the rents, the rent was delayed since September 2017.
C. On February 2, 2018, a copy of the instant complaint containing the Plaintiffs’ declaration of intent to terminate the instant lease agreement on the grounds of the delay in payment of two or more rents was served on Defendant C.
Meanwhile, Defendant D obtained from Defendant C the delivery of part of the ethyl oil storage tank (50D/M) of each ethyl oil storage tank (500D/M) as indicated in the attached Table 1 List 1, 6, 7, 1, 1, 1, 2, 3, 3, 4, 5, 50, 50, 50, 50, 50, 500, 500, 500, 500, 500, 500, 500, 500, 1, 1, 2.
[Ground of recognition] Defendant C: (a) the fact that there is no dispute against Defendant D; (b) the entries in the evidence Nos. 1, 2, 6, and 7; and (c) the overall purport of the pleadings; and (c) the judgment rendered by Defendant C with the entire purport of the pleadings (Articles 208(3)2, 150(3), and 150(1) of the Civil Procedure Act). According to the above findings, the Plaintiffs, the owner of the gas station and the installation of the instant case, seek to leave the part of the instant case D possession against Defendant D; (c) as such, Defendant D is obligated to withdraw from the said part of possession.
In conclusion, the plaintiffs' claims against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.