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(영문) 인천지방법원 2020.06.24 2019가단250144

건물명도(인도)

Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the list (attached Form 1).

2. Defendant C shall be the Plaintiff.

Reasons

1. The facts of recognition (attached Form 2) and the facts of the changed cause of claim may be recognized by each entry and image of evidence Nos. 1 through 10 (including each number), among the Plaintiff and the Defendant B, and between the Plaintiff and the Defendant C, the Defendant C received a written reply with the instant complaint and the written application for modification of the purport of the claim and the cause of the claim (hereinafter “written application for modification”) but did not submit a written response, and it is deemed that the Defendant C led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act

2. Determination

A. According to the facts cited above, the instant lease agreement was lawfully terminated around October 19, 2019, when Defendant C received a copy of the instant complaint.

As an indirect possessor, Defendant C is obligated to deliver the instant real estate to the Plaintiff as a direct possessor, and each of the above obligations is indivisible. As such, the Defendants jointly have the duty to deliver the said real estate to the Plaintiff.

In addition, Defendant C shall be liable to the Plaintiff, ② (2) 14,532,280 won in arrears = 4,800,000 won in arrears [7 months (7 months from March 20, 2019 to October 19) 】 1,200,000 won in month - 3,600,000 won in unpaid management expenses] 1,32,280 won in arrears, and 8,400,000 won in excess of the rent of KRW 1,32,280 (7 months (from October 20 to May 19, 2019) 】 1,200,000 won in arrears / (3) 20% in total from the date on which the application was filed to the Plaintiff for delayed payment to the 20th day of May 26, 2020, and 3) 20% in bad faith as set forth in the Civil Act as the beneficiary of the lawsuit.