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(영문) 광주지방법원 2015.10.07 2015가단19808
건물명도 등
Text

1. Defendant A shall deliver the real estate listed in the attached Form to the House annexed to Defendant A, Inc.

2. The defendant corporation.

Reasons

1. Defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Operational Law: Article 208 (3) 2 of the Civil Procedure Act (a judgment deemed as a host);

2. There is no dispute between the parties as to the facts stated in the Attached Form of the Defendant Unyoung Housing Co., Ltd.

According to the above facts of recognition, Defendant Non-permanent Housing Co., Ltd. is obligated to pay KRW 54 million to the Plaintiff simultaneously with the delivery of real estate stated in attached Form A by Defendant A, except in extenuating circumstances.

Defendant A’s house (hereinafter “Non-permanent Housing”) asserted that Defendant A should deduct all of Defendant A’s debt to Defendant A’s house, including the above money and monthly rent, management fee, etc., incurred until the delivery of real estate from the date following the above base date until the delivery of real estate indicated in the attached Form. Thus, according to the evidence Nos. 2 and 3,843,840 won, the unpaid rent, etc. that Defendant A did not pay until May 12, 2015 should be deducted from the deposit that Defendant Non-permanent Housing Co., Ltd. paid to the Plaintiff., Ltd., and the unpaid rent, management fee, etc. incurred until the delivery of the above real estate should be deducted from the above deposit. Thus, Defendant A’s house defense should be justified.

Therefore, at the same time, Defendant A is obliged to pay to the Plaintiff the remainder after deducting all debts incurred to Defendant A, Defendant A’s house, which occurred from the date following the pertinent base date, to the completion date of delivery of the said real estate, such as unpaid rents from KRW 54 million to May 12, 2015, and unpaid rents for the said real estate from KRW 54 million to May 12, 2015.

If so, the plaintiff.

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