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(영문) 대전지방법원서산지원 2019.08.28 2019가단1567
건물인도등
Text

1. The Plaintiff:

A. The Defendants deliver E heading 60 square meters among the real estate listed in the attached list;

B. The Defendants are the defendants.

Reasons

1. Comprehensively taking into account the purport of the entire argument in the statement in the evidence No. 1 against Defendant B, the Plaintiff entered into a lease contract with Defendant B, on March 10, 2018, setting the lease deposit of KRW 5 million, monthly rent of KRW 5,30,000,000, monthly rent of KRW 5,000,000 from March 15, 2018 to March 14, 2019; Defendant B did not pay a rent; Defendant B’s overdue payment until March 31, 2019, which was made by the delivery of the written complaint of this case on the ground of the rent; and the Plaintiff’s intention to terminate the said lease contract by serving the written complaint of this case on April 22, 2019.

According to the above facts, since the above lease contract was lawfully terminated on April 22, 2019, Defendant B is obligated to deliver the pertinent real estate to the Plaintiff and pay the amount equivalent to KRW 5,30,000 per month from April 1, 2019 to the time the delivery of the instant real estate is completed.

The plaintiff's claim against the defendant B is justified and accepted.

2. Claim against Defendant C and D

A. Defendant C and D, without any title, possess and use the instant real estate from March 15, 2018 without title, is obligated to deliver the instant real estate to the Plaintiff and jointly pay the amount at the rate of KRW 5,30,000 per month from April 1, 2019 to the completion of delivery of the instant real estate.

(b) Defendant C: Judgment by service (Article 208(3)3 of the Civil Procedure Act) by public notice (Article 208(3)2 of the Civil Procedure Act): Defendant D: Judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act);

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