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(영문) 대구지방법원서부지원 2020.11.30 2020가단55678
건물인도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

Facts of recognition

On June 20, 2019, Defendant B entered into a lease agreement with D Co., Ltd. and the attached list (hereinafter “instant building”) with respect to the real estate (hereinafter “instant building”), with a lease deposit of KRW 5 million, monthly rent of KRW 850,000,000, and the term of lease from June 14, 2019 to June 13, 2020 (hereinafter “instant lease agreement”). Around that time, Defendant B occupied the instant building by delivery.

E Co., Ltd. completed the registration of transfer of ownership on January 30, 2020 with respect to the instant building on January 21, 2020, and completed the registration of transfer of ownership on January 30, 2020 to the Plaintiff on the same day.

Defendant B did not pay the Plaintiff the rent from January 30, 2020.

The Plaintiff notified, through the instant complaint, that the instant lease contract was terminated on the grounds of the delinquency in rent by Defendant B, and the duplicate of the said complaint was served on May 15, 2020.

The defendant C occupies the building of this case together with the defendant C.

[Grounds for recognition] The above facts are as follows: Gap evidence Nos. 1 to 3 and 5 to 8, and the purport of the whole pleadings, and the lease contract of this case was lawfully terminated and terminated on May 15, 2020 according to the plaintiff's declaration of termination of the contract for reasons of delinquency in rent of the defendant B. Thus, the defendants who occupy the building of this case together with the building of this case have the duty to deliver the above building to the plaintiff who succeeded to the lessor's status.

In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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