beta
(영문) 수원지방법원성남지원 2016.07.15 2016가단7455

건물인도

Text

1. The Defendants deliver to the Plaintiffs the real estate stated in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant building”), the Plaintiff A has 2/10 shares, and the Plaintiff B has 4/10 shares, and E has 4/10 shares, respectively.

B. On May 10, 2012, the Plaintiffs entered into a lease agreement with Defendant C and the instant building with a deposit of KRW 150 million per month, monthly rent of KRW 10 million, and the period from May 1, 2012 to May 9, 2017 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), and Defendant C may not sublease or transfer the right of lease without the consent of the Plaintiffs.

(Article 3) contain content.

C. Defendant C did not pay the difference from August 3, 2015 to March 31, 2016.

At present, without the consent of the plaintiffs, defendant D Co., Ltd. occupies the building of this case and uses it as F Mart.

E. Around April 2016, G, the representative director of Defendant D, filed a complaint with the Sung-nam Police Station for the forgery of a private document, the uttering of a falsified investigation document, and the fraud of the Defendant C’s husband.

[Ground for Recognition] Defendant C: (Article 208(3)2, and Article 150(3) of the Civil Procedure Act) deemed as confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act)

2. According to the above facts of recognition, Defendant C is obligated to restore the building of this case to its original state on the ground of the termination of the instant lease agreement, and Defendant D is obligated to deliver the building of this case to the Plaintiffs as the removal of interference according to the Plaintiffs’ ownership.

3. If so, the plaintiffs' claims are reasonable and acceptable.