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(영문) 서울서부지방법원 2017.01.13 2016가단229549

건물명도

Text

1. The Plaintiff:

(a) Defendant B, among the third floors of the buildings listed in the Schedule I, shall follow 1, 2, 3, 4, 1 in sequence.

Reasons

1. Claim against the defendant B

A. Indication of claims: as shown in the Attached Form “Cause of Claim”

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

2. In full view of the purport of the entire pleadings as to Defendant C’s claim No. 1 and No. 4, the part concerning Defendant C in the separate sheet is recognized.

Therefore, unless there are other special circumstances, Defendant C is ordered to do so to the Plaintiff.

have a duty to deliver a building described in the subsection.

In this regard, Defendant C asserts that it can respond to the Plaintiff’s claim by receiving lease deposit and beneficial expenses.

(B) Therefore, in full view of the purport of the entire pleadings in the statement in the statement in Eul and Eul, Defendant C paid KRW 5 million to non-party D, a lessor, the amount of the lease deposit, which was deducted from the unpaid monthly rent, and the remainder of the lease deposit amount of KRW 500,000,000,000, is recognized. Therefore, Defendant C’s above assertion that the payment of KRW 500,000,000,000 is reasonable.

However, since there is no evidence to acknowledge the beneficial cost claimed by Defendant C, this part of the assertion is rejected.

After all, Defendant C received KRW 500,000 from the Plaintiff, and at the same time, ordered the Plaintiff to pay KRW 1-B.

have a duty to deliver a building described in the subsection.

If so, the plaintiff's claim against the defendant C is accepted within the above scope of recognition, and the remaining claims are without merit, and they are dismissed.