(영문) 전주지방법원 2015.06.04 2014가단14308

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(영문) 전주지방법원 2015.06.04 2014가단14308

건물명도

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1. The defendant shall deliver each real estate listed in the attached real estate list to the plaintiffs.

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

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) was jointly owned by E and F with 1/2 shares, respectively. On October 16, 1997, F succeeded to G, H, E, Plaintiff B, and C, who are the wife of F, and E died on September 29, 2001, the E succeeded to E’s shares, i.e., E’s wife and children, and J and K, who are the wife of E.

B. The share of co-ownership in each of the instant real property is 3/26, G, H, Plaintiff B, and C from September 29, 2001 to the date of the closing of the argument in this case, respectively, 1/13, I 45/182, J, and K 15/91, respectively.

(hereinafter referred to as "co-owners of this case" in total)

On November 3, 2003, the co-owners of the instant case, including the Plaintiffs, filed a lawsuit against the Defendant for cancelling the instant lease agreement and seeking the delivery of the instant real estate on the grounds that the instant lease agreement was concluded with the Seoul Central District Court No. 2005Da16247, Nov. 3, 2003, on the grounds that the instant lease agreement was terminated and the said agreement was concluded on November 1, 2002 through October 31, 2005, on the following grounds: (a) the lease was concluded between November 1, 2002 and October 31, 2005 (hereinafter “instant lease agreement”); and (b) the said lawsuit became final and conclusive as follows.

(1) As seen below, the settlement recommendation letter provides that the Defendant shall pay 15 million won to co-owners of this case until June 30, 2005. The above amount is the same as the amount claimed by the co-owners of this case to be the sum of the rent in arrears of the Defendant in the above lawsuit. The Defendant shall pay 15 million won to the co-owners of this case until June 30, 2005. If the Defendant fails to pay the above amount by the payment date, the amount of damages for delay calculated at 20% per annum from the day after the date of payment to the day of full payment shall be paid.

2. The defendant is the defendant of this case.

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