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(영문) 대전지방법원 2017.11.16 2017가단203708
건물명도(인도)
Text

1. The Plaintiff:

A. Of the buildings listed in attached Table 1 List No. 1, Defendant A shall indicate 1, 2, 3, 4, 5, 6, and 1 of Attached Form No. 2.

Reasons

1. Indication of claim;

A. On July 11, 2014, the Plaintiff filed a claim against Defendant A for the part of the building indicated in Section 1-A (hereinafter “instant building”) with Defendant A as part of the building indicated in Section 1-A (hereinafter “instant building”).

A) A sub-lease 50 million won, monthly rent 75,743 won, and the period of sub-lease 75,743 won from July 17, 2014 to July 16, 2016, concluded a sub-lease 1, and around that time, Defendant A delivered the instant building to Defendant A. However, Defendant A delayed the said rent from July 2016 to January 2017, for at least three months. This constitutes grounds for termination under the said sub-lease 1, and the Plaintiff terminated the said sub-lease 1 by serving a duplicate of the complaint of this case.

3) Therefore, Defendant A has the duty to deliver the instant building to the Plaintiff. B) The Plaintiff is obligated to deliver the instant building to Defendant B on October 13, 2014.

The sub-lease contract was concluded with the effect that the portion of the building as stated in paragraph (1) (hereinafter referred to as the “second building of this case”) is sub-leaseed with the deposit of KRW 55 million for the sub-lease deposit, KRW 87,518 per month for the rent, and the sublease period from October 31, 2014 to October 30, 2016, and around that time, the second building of this case was handed over to Defendant B.

2) However, Defendant B did not pay the rent from December 2014 to January 2017, and thus, Defendant B did not pay the rent for at least three months. This constitutes grounds for termination stipulated in the said sub-lease agreement, and the Plaintiff is obligated to deliver the said sub-lease agreement to the Plaintiff based on the delivery of a copy of the instant complaint. 3)

2. Applicable provisions;

A. Article 208(3)3 of the Civil Procedure Act against Defendant A by public notice

B. Articles 208(3)2 and 150(3) of the Civil Procedure Act against Defendant B

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