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(영문) 수원지방법원 평택지원 2018.11.27 2017가단58258
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff is the owner of the real estate listed in the separate sheet, and the Defendant without title possesses the real estate indicated in the separate sheet, and thus, the Plaintiff seeks to deliver the real estate.

Even if the lease term expires on March 25, 2017, it is necessary to request the delivery of the real estate stated in the attached Table.

B. Around May 9, 2017, the Defendant’s assertion that 33,550,000 won was incurred in order to replace the defect, which is an important component of the pressure apparatus, one of the leased objects, due to the occurrence of defects. This constitutes necessary expenses, and thus, the Plaintiff, a lessor, seeking payment of the said amount.

2. Determination

A. 1) The Plaintiff is aware of whether a lease agreement on real estate stated in the attached list is established and the lease deposit is determined (1) and the Plaintiff is aware of the establishment of the lease agreement and the lease deposit. The Plaintiff is a two-story factory of the building F-dong general steel structure board roof of the E building in Ansan-si in the auction procedure for D real estate in Suwon District Court D.

(2) The instant G-dong building is a 1148.4 square meters per floor, 2-story, 87 square meters per annum, and 2-story G-dong general steel structure string roof of the E-dong general steel structure (hereinafter “instant G-dong building”).

(2) The real estate indicated in the separate sheet (hereinafter “instant H-dong building”) and the real estate indicated in the separate sheet (hereinafter “instant H-dong building”) of 233.7 square meters per floor, 223.2 square meters per floor.

(2) From May 26, 2016, the Defendant: (a) leased and used a factory of 720 square meters per floor; (b) 228.98 square meters per floor; (c) 28.98 square meters per floor; and (d) 147.02 square meters per floor on September 26, 2016, the bid price was fully paid in full; (b) from the pre-owner of each of the instant factories, 1148.4 square meters per floor; (c) 1148.4 square meters from the previous owner of each of the instant factories; (d) 233.7 square meters from the instant Gdong building; and (e) 228.98 square meters from the instant Hdong building; and (e) 228.98 square meters from the instant building; and (e) 32,147.02 square meters from the instant building; (e) 14,147.142 square meters from the instant building and the instant 14.7 square meters among the instant building and the instant Gdong.

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