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(영문) 서울동부지방법원 2020.05.15 2019가단16636
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff (Appointed Party).

(a) deliver the buildings listed in the separate sheet;

(b) October 2018;

Reasons

1. In full view of the facts that there is no dispute between the parties concerned, as well as the overall purport of the statements and arguments in Gap evidence Nos. 1 through 6, the plaintiff and the designated parties are the successors of Dong E, the owner of the real estate listed in the separate sheet, and the defendants possess the above real estate from October 5, 2018 to December 7, 2018, and the defendants are acknowledged to enter into a lease agreement as to each of the above real estate without paying the amount of the lease agreement as stated in the separate sheet as to the above real estate between E and E on October 6, 2018 to March 5, 2019.

2. According to the above facts of recognition, the defendants occupy the real estate listed in the separate sheet without any title and interfere with the exercise of their ownership. The defendants jointly have a duty to deliver the real estate listed in the separate sheet to the plaintiff (appointed party) seeking the exclusion of interference as the heir of the deceased E, who is the owner of the above real estate.

In addition, with respect to damages caused by the Defendants’ illegal possession, the damages arising from the possession and use of ordinary real estate are equivalent to the rent, and the fact that the Defendants determined the rent as KRW 1,350,000 per month at the time when they intend to enter into a lease agreement on the said real estate is identical as seen earlier. As such, it is ratified that the rent in around 2018 as to the said real estate and the rent thereafter would be the same amount.

Therefore, the Defendants jointly seek from the Plaintiff (Appointed Party) the amount equivalent to the rent from October 6, 2018 to the completion date of delivery of the said real estate, which is the amount equivalent to the rent from October 6, 2018 to October 1,350, which was sought by the Plaintiff (Appointed Party).

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