logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2016.01.20 2014가단9081
건물명도
Text

1. The Plaintiff:

A. Defendant B shall remove the real estate listed in the separate sheet as shown in the separate sheet as shown in attached Forms 3-1 and 3-2.

Reasons

1. Basic facts

A. On June 18, 2013, the Plaintiff purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from J with I, as well as I, and completed the ownership transfer registration (the Plaintiff and I’s shares, respectively) on June 18, 2013.

B. On June 18, 2013, when Defendant B succeeded to a lease agreement entered into with J with respect to the instant real estate, the Plaintiff entered into a lease agreement with Defendant B, stating that the lease deposit of KRW 20 million is KRW 20 million, monthly rent of KRW 3.3 million, and the lease period from August 10, 2012 to August 10, 2013 (hereinafter “instant lease agreement”).

C. Defendant C, D, E, F, G, and H enter into a sublease contract with Defendant B without the Plaintiff’s consent and occupy each of the parts listed in the Disposition 1(b) of the instant real estate.

As Defendant B did not pay KRW 1,250,00,000,000,00,000,000,00 for the three-months from November 2013, including the rent of KRW 2.6 million, and the rent of KRW 9.9 million for the three-months from May, June, and July, 2014, the Plaintiff notified Defendant B of the termination of the instant lease agreement if the Plaintiff did not pay the overdue rent within seven days from August 1, 2014 and August 7, 2014, but did not receive the overdue payment from the Defendant B within the said period.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, the result of the survey and appraisal by appraiser K, the purport of the whole pleadings

2. Determination on this safety defense

A. Defendant B, C, G, and H alleged that the Plaintiff’s share in the instant real property is merely one-half of the Plaintiff’s share in the possession of the said real property, and therefore there is no standing to seek an explanation as to the part of the Defendants’ possession. However, in the instant case seeking the delivery of the real property possessed without permission by the said Defendants, Defendant B, C, G, and H, a co-owner, may solely claim the delivery of the part owned by the said Defendants, as the act of preserving the instant real property

3. Judgment on the merits

A. The instant real estate.

arrow