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(영문) 의정부지방법원고양지원 2017.06.15 2016가단29589
건물인도 등
Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form No. 1, 2, on the “Woo-gu, Seoyang-gu, Soyang-gu F. F. 1275 square meters.”

Reasons

The plaintiff is the owner of "FY-gu, Seoyang-gu, Seoyang-gu, F. M. F. F. F., and there are several buildings on the ground. The plaintiff is also one of the buildings indicated in the annexed drawings: (1), (2), (3), (4), (5), (1), (7), (7), (8), (9), (1) connected each point in order, and (1) connected each point in the ship "1,29 square meters of a partial panel panel, roof, etc. (hereinafter "the building" in this case).

On March 6, 2012, the Plaintiff concluded a lease agreement on the instant building with Defendant B (a lease deposit of KRW 10 million, monthly rent of KRW 500,000,000 from March 26, 2012 to March 25, 2013).

On September 3, 2012, 2012, September 17, 2012, 2012, July 29, 2013, and August 12, 2013, the Plaintiff sent to Defendant B a document verifying that the lease contract is terminated, respectively, on the ground that Defendant B was in arrears.

On the other hand, Defendant C, D, and E are residing in the building of this case after filing a move-in report.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 4, and the purport of the entire pleadings, the lease agreement between the plaintiff and the defendant No. 2 was lawfully terminated and terminated at the latest when the complaint of this case reached the defendant No. 2. Thus, the defendant No. 2 is obligated to deliver the building of this case to the plaintiff, to whom the rent of 7 million won was overdue until December 25, 2016, and to pay 500,000 won per month from December 26, 2016 to the completion date of delivery of the building of this case or the day when the plaintiff loses ownership.

On the other hand, Defendant C, D, and E are residing in the building of this case, but there is no assertion or proof of the right to possess the building, such as the lease contract, and Defendant C, D, and E are obligated to leave the building of this case.

Thus, the plaintiff's claim against the defendants of this case shall be accepted as all of the grounds.

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