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(영문) 서울중앙지방법원 2019.05.13 2018가단5192221
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

In light of the overall purport of the pleadings in Gap evidence Nos. 1 through 8, the plaintiff, the owner of the real estate listed in the separate sheet (hereinafter "the real estate of this case") on January 10, 2016, leased the real estate of this case to defendant B Co., Ltd. (hereinafter "B") with a deposit of KRW 50 million from January 10, 2016 to December 31, 2016. On April 11, 2017, the lease term of this case was extended on May 29, 2018 (hereinafter "the lease contract of this case"). The lease term of this case expired, the plaintiff, the owner of the real estate listed in the separate sheet (hereinafter "the real estate of this case"), stated the provisional disposition prohibiting the transfer of the real estate of this case against the defendant B (Seoul District Court Decision 2018Kadan81381), but did not carry out the provisional disposition of this case on August 16, 2018.

According to the above facts, the plaintiff has the right to claim the delivery of each of the real estate of this case against the defendant C and D on the ground of the termination of the lease of this case. Thus, the defendants have the duty to deliver the real estate of this case to the plaintiff.

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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