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(영문) 서울남부지방법원 2018.07.04 2018가단206565
건물명도(인도)
Text

1. The defendant shall order each point of the indication 1, 2, 3, 4, and 1 of the attached drawings among the real estate 1 floors listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant house”), and D is the person who leased the instant house from the Plaintiff without monthly rent of KRW 88,00,000 from November 8, 2014 to November 8, 2016.

B. D, without the Plaintiff’s consent, sublet the Defendant with subparagraph 106 [Attachment 1, 2, 3, 4, and 1] among the instant housing units without permission, and the Defendant currently occupies subparagraph 106 at present.

C. Meanwhile, from the appellate court of the building delivery lawsuit (Seoul Southern District Court 2017Na66129) that the Plaintiff filed against D on the grounds of termination of the lease agreement, the judgment rendered on May 17, 2018 that “D shall receive KRW 88 million from the Plaintiff at the same time, and deliver the leased house of this case” was “D,” and the Plaintiff paid the deposit amount of KRW 88 million that the Plaintiff ordered the depositee to simultaneously perform.

D is currently dissatisfied with the judgment of the above appellate court and the appeal has been filed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant has a duty to deliver subparagraph 106 to the plaintiff who is the owner, as the owner without a legitimate title to possess the subparagraph 106.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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