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(영문) 대구지방법원김천지원 2020.05.21 2019가단4843
건물명도 등
Text

1. The defendant shall deliver the buildings listed in the attached Table 1 from October 10, 2019 to each of the plaintiffs at KRW 5,000,000.

Reasons

1. The description of the grounds for the claim is as shown in attached Form 2;

(2) The Plaintiff’s claim in this case is reasonable to be understood as the premise that the lease contract is terminated on the ground of the Defendant’s delinquency in rent, and the Plaintiffs appeared on the first date for pleading and stated again to the same effect in this Court). 2. In a case where co-owners of a building jointly lease the building and receive the deposit, barring any special circumstance, the obligation to return the deposit constitutes an indivisible obligation by nature (see, e.g., Supreme Court Decision 98Da43137, Dec. 8, 1998); and the right to claim the return of the leased object by a joint lessee should also be deemed as an indivisible obligation in view of the nature of the right to claim the return of the leased object.

In addition, the service of the complaint of this case is deemed to have terminated the lease contract between the plaintiffs and the defendant.

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