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(영문) 수원지방법원평택지원 2016.08.10 2015가단15929
주택인도 및 손해배상
Text

1. Defendant C shall deliver to the Plaintiff the building indicated in the attached list.

2. The plaintiff's remaining claims against the defendant C.

Reasons

1. Summary of the cause of the instant claim

A. On August 23, 2013, the Plaintiff filed a claim for delivery of a building (hereinafter “instant building”) as indicated in the attached list owned by Defendant B and the Plaintiff (hereinafter “instant building”).

(2) The term of lease contract with respect to the lease deposit amount of KRW 50 million and the term of lease specified from September 25, 2013 to 24 months (hereinafter “instant lease contract”).

(2) Although Defendant C did not have concluded a lease contract on the building of this case with the Plaintiff, Defendant C forged a lease contract on September 25, 2015 and completed the lease registration on the building of this case upon the issuance of a housing lease registration order issued by Suwon District Court pursuant to Liwon District Court Ordinance No. 2015Kao5, the lease term under the lease registration was expired, even if the above lease registration is valid.

3) Therefore, the Defendants who possess the instant building without any title should deliver the instant building to the Plaintiff. (B) Defendant B requested the termination of the instant lease agreement under the circumstances where there exist a large period of lease period, but unilaterally withdrawn the said termination declaration when the Plaintiff concluded a lease agreement with E, a new lessee, and the instant building.

As a result, the Plaintiff could not deliver the instant building to the said E, instead of delivering another building in which the Plaintiff resided to the said E, and disbursed KRW 1120,000,00 as a temporary installation on the rooftop of the building in order to store the Plaintiff’s goods in the course of delivery.

2. Therefore, Defendant B’s above act constitutes a tort, and Defendant C, who resided in the instant building together with Defendant B, is also jointly liable. Therefore, the Defendants should pay the Plaintiff the damages amounting to KRW 11.20,000.

2. Determination as to the Plaintiff’s claim against Defendant B.

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