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(영문) 서울중앙지방법원 2018.02.01 2017가단5126814
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

2. The defendant shall make the plaintiff's succeeding intervenor the first floor among the buildings listed in the annexed list 93.

Reasons

Attached Form

The facts indicated in the cause of the claim and the facts that the Plaintiff’s succeeding intervenor purchased the instant building from the Plaintiffs and completed the registration of ownership transfer on September 19, 2017, while the instant lawsuit is pending on August 2, 2017, and that the Plaintiff’s succeeding intervenor received all the rights and obligations regarding the instant retail store from the Plaintiffs around the same time, may be acknowledged by adding them to each of the written evidence Nos. 1 through 4, without any dispute between the parties, or by adding them to the purport of the entire pleadings.

According to the above facts, since the lease contract between the plaintiffs and the defendant is terminated and the defendant no longer has the right to possess the retail store of this case, the defendant is obligated to deliver the above retail store to the plaintiff succeeding intervenor who succeeded to the whole rights and obligations of the plaintiffs as to the retail store of this case.

Meanwhile, the plaintiffs are not in the position to seek delivery of the above retail store by transferring all their previous rights and duties to the plaintiff succeeding intervenors. Thus, the plaintiffs' assertion against the defendant is without merit.

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit, and the plaintiff's claim of the plaintiff succeeding intervenor is justified, and it is so decided as per Disposition.

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