beta
Text
1. For the plaintiffs:
A. Defendant D, E, and F are buildings listed in the separate sheet, respectively.
Reasons
1. On January 28, 2015, the Plaintiffs concluded a lease agreement with the owner of the building listed in the attached Table (hereinafter “instant building”); Nonparty I Co., Ltd. (hereinafter “Nonindicted Company”); the representative director J); and on January 28, 2015, lease deposit KRW 200 million; monthly rent of KRW 24 million (excluding value-added tax); monthly rent of KRW 4 million (excluding value-added tax); monthly management expenses (excluding value-added tax); and the lease period from February 6, 2015 to February 5, 2020.
B. On June 4, 2015, the non-party company: (a) paid all the deposit for the lease; and (b) occupied and used the whole building of this case after performing the interior construction; (c) delayed payment of monthly rent and monthly management expenses for at least six months after June 4, 2015; and (d) the plaintiffs filed a lawsuit against the non-party company seeking the delivery of the building of this case (this Court Decision 2015Da16905) and received the judgment in favor of the plaintiffs on March 4, 2016.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 7 (including virtual number) and the purport of whole pleading
2. Determination:
A. Judgment by confession as to the claim against Defendant C, D, F, and H (Article 208(3)2 of the Civil Procedure Act)
B. According to the evidence before determining the claim against Defendant E, Gap evidence No. 8-1 to 11, Gap evidence No. 19-1 and Eul evidence No. 2, the above defendant's possession can be acknowledged, and the above defendant's possession can be acknowledged, and there is no other counter-proofs merely by the descriptions of evidence No. 1 to 10.
C. According to the evidence No. 14, 17, and 18 of the judgment as to the claim against Defendant G, the Plaintiffs received a provisional disposition prohibiting the transfer of possession from the above Defendant on December 8, 2015 and executed it on December 16, 2015. The above Defendant can be known that all of the corporeal movables and fixtures were delivered to K and L, but even if they transferred possession as above, possession is terminated after the provisional disposition prohibiting the transfer of possession.