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(영문) 인천지방법원 2018.05.24 2017가단205454
건물명도(인도)
Text

1. The Defendants jointly share KRW 1,646,66 with respect to the Plaintiff as well as the period from March 17, 2017 to May 24, 2018.

Reasons

1. As to the cause of claim

A. The facts of recognition 1) Defendant B and C decided to construct the 9th and second underground floors of the D Building in Jung-gu, Incheon, and concluded a sales agency contract with Defendant Hansungcom Company (hereinafter “Defendant Company”) on October 7, 2014. On June 18, 2015, Defendant B and C completed registration of initial ownership relating to the said D building (E was a friendship-gu, and was substantially involved in the said new construction project (E was substantially involved in the said new construction project).

(2) On July 16, 2015, Defendant B and C sold the said D Building Nos. 108 and 109 (hereinafter “instant store”) to the Plaintiff, and completed the registration of ownership transfer on July 23, 2015.

3) Defendant Company used the instant store as sales office under the permission of E. (4) The Defendants delivered the instant store to the Plaintiff on March 16, 2017. From July 23, 2015 to April 4, 2017, the rent for the instant store is KRW 3,800,000.

(C) / [Ground for recognition] The fact that there is no dispute, Gap No. 1, 2, and the purport of the whole pleadings.

B. The Defendants are jointly obligated to pay the Plaintiff, the owner of the instant store, the amount of which is equivalent to the rent from July 23, 2015 to March 16, 2017, 74,860,000 won (21/30 of the 19th month x 3,800,000 won) equivalent to the rent from July 23, 2015 to March 16, 2017.

2. As to the defendants' assertion

A. The Plaintiff could not seek the delivery of the instant store before the Plaintiff pays 62,800,000 won of the purchase and sale balance, and the Defendant B delivered the instant store immediately after the remainder repayment deposit.

In addition, the defendant company occupied as a sales office under the permission of the plaintiff's agent E, and the lease is also known for the plaintiff, so it cannot respond to the plaintiff's request.

B. On January 13, 2017, Defendant B filed a claim for the purchase price against the Plaintiff as the Incheon District Court 2016Gahap53455, and sentenced Defendant B to the judgment that “the Plaintiff would pay KRW 62,80,000 to the Defendant B,” and the said judgment became final and conclusive.

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