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(영문) 대구지방법원포항지원 2020.07.07 2020가단580
건물인도등
Text

1. Of the second floor of the building indicated in the attached Form 179.72 square meters, the Defendant each indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

The fact that the Plaintiff is the owner of the building indicated in the attached list, and the fact that the Defendant possessed the part as stated in paragraph (1) C of the disposition of the above building (hereinafter “the object of this case”) is not disputed between the parties, or recognized by considering the overall purport of the pleadings as a whole in each entry as stated in subparagraphs 1 and 2 of subparagraphs A

Thus, the plaintiff can request the defendant, the possessor of the object of this case, to deliver it.

The defendant asserts that he had the right to possess the building of this case as a tenant of the object of this case. Thus, it is acknowledged that the lease contract was concluded on March 2, 2017 between D and the defendant, as stated in the evidence No. 3-1 and 2, but the above lease contract was already terminated on the ground that the defendant's right to possess the building of this case was not unpaid, and there are no grounds to recognize the defendant's right to possess the building of this case.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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