beta
(영문) 서울서부지방법원 2016.11.18 2015가단42905

건물명도

Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form 2 list 1, 2, 3, 10, 9, 8, 1 of the attached Form 5 drawings among the two floors of the building listed in the attached Table 2 list.

Reasons

1. Claim against the defendant B

(a) Indication of claim: The part on the defendant B in the separate sheet as to the cause of claim; and

(b) Mountainous: Judgment based on the deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Of the facts stated in the separate sheet of claim against Defendant C, the part against Defendant C among the facts in the separate sheet of claim against Defendant C is either disputed between the parties, or acknowledged by considering the whole purport of the pleadings as a whole, and at the third pleading date of this case, the Plaintiff accepted the simultaneous performance defense of Defendant C and ordered 1-B of this case.

The claim was reduced, such as the statement in the claim.

Therefore, Defendant C is obliged to deliver part (A) of 30.00 square meters inboard (a) which connects each point of the attached Form 8 Map No. 1, 2, 9, 6, 7, 8, and 1 among the 1st floor of the building listed in the attached Table No. 3 attached hereto to the Plaintiff at the same time with the payment of KRW 40 million from the Plaintiff.

3. The plaintiff's claim against the defendants is justified, and all of them are accepted.