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(영문) 대구지방법원 2018.02.01 2017가단11787
건물명도등
Text

1. Defendant B: (a) for the designated parties to the Plaintiff (Appointeds) and the designated parties indicated in the separate sheet:

(a) Daegu Suwon-gu D ground;

Reasons

1. Basic facts

A. The first floor of the commercial building located in Daegu Suwon-gu D has been installed with walls among them and used in combination with the same part (E Dong) and the same part (F Dong), such as the indication of the attached drawing. Although it has been registered as an aggregate building, each inside part, other than the above part, is not partitioned into walls.

B. The Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) are owners of each sectionally partitioned building in the attached list in Fdong (hereinafter “instant building”).

C. On January 1, 2012, Fdong sectional owners including the Plaintiff, etc. leased Fdong to Defendant B without a lease deposit by setting the lease period from January 1, 2012 to December 31, 2016. The Plaintiff agreed to pay Fdong in advance by setting the lease period as ten months to 23,970,000 won.

As a Fdong manager, G received monthly rent of KRW 10,970,000 from Defendant B and distributed to sectional owners according to the area of each sectional ownership. The amount distributed to the Plaintiff, etc. is as indicated in the “10-month distribution amount” column in the attached Table. As such, monthly rent of the Plaintiff, etc. is the amount indicated in the “monthly rent” column in the attached Table. D. Defendant B did not pay the rent agreed from May 1, 2015 to September 5, 2015. Of them, the overdue rent in the attached Table “4-month overdue rent” is the amount indicated in the “4-month overdue rent” column in the attached Table.

E. Around August 5, 2015 when Defendant B operated “H” in Fdong, Defendant C transferred H at KRW 100 million to Defendant C who operated “I” in E Dong, and transferred F consent possession to Defendant C around September 10, 2015.

F. At present, Defendant C had the goods and other equipment sold in Fdong, and all kinds of disposal goods left behind by Defendant B in Fdong part are personal.

G. Meanwhile, on September 9, 2016, the Plaintiff et al. transferred the instant building to Defendant B on the ground that the rent was overdue.

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