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(영문) 창원지방법원진주지원 2019.09.18 2018가단37877

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant A, among the real estate listed in paragraph 1 of the attached Table 1’s real estate list, shall also indicate 1, 2, 2.

Reasons

1. According to Gap evidence No. 1-6 of the judgment as to the claim against defendant F, and the purport of the whole pleadings, the plaintiff entered into a lease agreement with the defendant F during the lease period from July 29, 2016 to September 30, 2018, setting the lease period of H as KRW 10,548,00 for the real estate stated in the attached Table No. 1-6 of the Real Estate List No. 1 with the defendant F during the period from July 29, 2016 to September 30, 2018, the deposit amount of KRW 10,548,000 for the vehicle, and KRW 247,420 for the vehicle. Article 8 (1)-4 of the General Conditions of the above lease agreement provides that the plaintiff may terminate the lease if the rent is overdue for at least three consecutive months. The plaintiff did not pay the rent for 19 months.

According to the above facts, since the above lease contract is terminated, the defendant F is obligated to deliver to the plaintiff the part (i) of the real estate listed in paragraph (6) of the attached Table 1, among the real estate listed in paragraph (6) of the attached Table 1, and the internal structure listed in attached Table 7, attached Table 1, attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 103.34 square meters in succession.

Defendant F was present at the first date for pleading, and paid approximately KRW 8.9 million to the Plaintiff on June 18, 2019, but did not submit evidence to acknowledge the payment, and did not appear on the second date for pleading. Defendant F’s above assertion cannot be accepted. Even if Defendant F paid approximately KRW 8.90,000,000, which is part of the unpaid rent, even if it was not paid, the request for extradition cannot be avoided by itself.

2. Determination as to claims against the remaining Defendants

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

B. The grounds for brief statement: Article 208(3)2 of the Civil Procedure Act [the case to which the main provision is applicable] refers to the written reply submitted by the defendant B, stating that the defendant B would make an effort to repay the debt without a statement disputing the plaintiff's assertion, and is present on the date of pleading.