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(영문) 서울동부지방법원 2017.08.31 2016가단35834

건물명도 등

Text

1. Defendant (Counterclaim Plaintiff) Company B and Defendant C are of the first floor of the building indicated in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The building listed in the attached list (hereinafter “instant building”) is used for the purpose of office, etc. for the first floor, and is used for the purpose of apartment as a total of 19 households from the second floor to the 11th floor.

B. On August 1, 2006, the above 19 households: (a) leased to the Defendant Company the portion of 264 square meters in the ship, which connects each point of the attached drawings among the first floor of the instant building, as KRW 40,000,00,000, and the rent of KRW 2,800,000,000, in sequence, among the first floor of the instant building.

(hereinafter “instant lease agreement”). C.

The Defendant Company has been in arrears to the extent that it is the foregoing rent deposit, and the managing director of the instant building delegated by the said 19 household, from April 5, 2012, notified the Defendant Company that the instant lease contract was terminated on the grounds of the overdue rent payment.

Defendant C, together with the Defendant Company, occupied and used the occupied portion, and the Plaintiff completed the registration of ownership transfer on August 7, 2015 regarding No. 801 of the instant building.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. According to the facts of the judgment as to the principal lawsuit, the lease contract of this case was lawfully terminated by the notice of termination by the chief of the management office of the building of this case on the ground of the delinquency in rent by the defendant company, and the plaintiff is in a position to seek delivery of the occupied part against the defendants who possess the occupied part of this case as an act of preservation based on co-ownership. Thus, the defendants are obligated to deliver the occupied part of this case to the plaintiff.

3. Judgment on the counterclaim

A. On April 26, 2016, the Defendant Company asserted that the Defendant Company was the Defendant Company, with the consent of the Director of the Management Office of the instant building on April 26, 2016, set a car of 140 square meters, which is part of the possession portion of the instant building, to D.