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(영문) 대전지방법원서산지원 2016.07.20 2016가단2620
건물인도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

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

Reasons

1. Basic facts

A. On May 13, 2014, the lease agreement D between the Plaintiff and Defendant C entered into a lease agreement on behalf of the Plaintiff, setting the lease deposit amount of KRW 5 million, monthly rent of KRW 450,000 (prepaid payment on May 14, 2014), and the lease term from May 13, 2015, on behalf of the Plaintiff, as indicated in the separate sheet (hereinafter “instant apartment”).

B. 1) The Plaintiff filed a lawsuit against the Defendant C seeking the delivery of the instant apartment (Seoul District Court Seosan Branch Office 2014Kadan11088) without paying the rent of the Defendant C. On March 9, 2015, the said court decided to recommend settlement that “The Defendant C deliver the instant apartment to the Plaintiff, and pay to the Plaintiff the amount calculated at the rate of KRW 3.15 million and KRW 450,000 per month from December 15, 2014 to the delivery date of the said apartment.” The said decision became final and conclusive on March 26, 2015, as the parties did not raise any objection, after deducting the remainder of the instant apartment from the payment date of the purchase and sale contract to the said KRW 150,000,000,000,000,0000 from March 28, 2015, the Plaintiff concluded the sales contract to the said KRW 3015,515,000,000.

At the time, the Plaintiff promised to allow Defendant C to reside in the apartment of this case only until August 14, 2015.

C. Since the lease contract 1 between D and Defendant B, the Plaintiff did not build the instant apartment after the lease contract between D and Defendant B, D as a lessee of the instant apartment complex, and D entered into a monthly rent lease contract with Defendant B, the husband of Defendant C, with the Defendants.

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