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(영문) 부산지방법원 2014.02.18 2013가단25725
건물명도 등
Text

1. The Plaintiff:

(a) Defendant B and C deliver the real estate listed in the separate sheet;

B. The Defendants each on December 24, 2012.

Reasons

1. The Plaintiff’s determination as to the cause of the claim was made on June 8, 2012, and paid the sale price on July 9, 2012 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) and owned the instant real estate on July 9, 2012. Defendant A and C had Defendant B and C occupy the instant real estate from December 24, 2012. The fact that the rent for the instant real estate from December 24, 2012 to December 6, 2013, which is close to the date of closing the argument in this case, did not conflict between the parties, or that the rent for the instant real estate from December 24, 2012 to December 6, 2013, may be recognized by comprehensively taking into account the overall purport of the pleadings as evidence A1 through 21.

According to the above facts, barring any special circumstance, Defendant B and C are obligated to deliver the instant real estate to the Plaintiff, and the Defendants are obligated to pay the amount calculated by the ratio of KRW 412,00 per month from December 24, 2012 to the completion date of delivery of the instant real estate from December 24, 2012 to December 412.

2. The defendants' assertion as to the plaintiff's assertion is asserted that the defendant A has a claim for the construction cost in relation to the new construction of the 12th floor building in Busan Seo-gu, Busan Seo-gu, including the real estate in this case, and the plaintiff cannot respond to the plaintiff's claim because he exercises a lien on the real estate in this case based on the above construction cost claim. However, there is no evidence to acknowledge that the defendant A has a claim for the construction cost in relation to the new construction of the 12th floor building including the real

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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