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(영문) 전주지방법원 2015.08.12 2014가단2503
건물인도등
Text

1.(a)

Defendant E is paid KRW 28,00,000 to Plaintiff A, and at the same time, Section 1 of the attached Table 1 to Plaintiff A.

Reasons

1. Basic facts

A. On February 1, 2011, Defendant E, G, and H entered into a lease agreement with Nonparty E, Defendant F, on June 25, 2012, with respect to the building site to be used as a parking lot as indicated in the separate sheet Nos. 2 and 3 (hereinafter collectively referred to as “instant commercial building”) and the separate sheet No. 28 million won of each lease deposit between Nonparty E, G, and H, and by January 31, 201, with respect to the building site to be used as a parking lot.

B. On June 29, 2012, the Plaintiffs acquired shares of ownership in each of the commercial buildings and their sites in the Jeonjin-gu Seoul Special Metropolitan City I, Seoul Special Metropolitan City, including the instant commercial buildings, but on September 29, 2014, registered on October 10 of the same year as of September 29, 2014 and became a sole owner of each of the commercial buildings. The Plaintiffs are the owners of the instant commercial buildings and their parking lots.

The former lease agreement entered in the subsection was succeeded.

C. On December 18, 2013, Plaintiff E sent to Plaintiff B, December 19, 2013, Plaintiff C, December 27, 2013, Plaintiff C, and Plaintiff D, November 1, 2013, a lessee of the instant commercial building, a written document evidencing that the lease contract for the instant commercial building was terminated on January 31, 2014, and the Defendants were served each at the time.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff A and D’s determination on Plaintiff A and D’s claim sought the delivery of the commercial buildings indicated in the Disposition No. 1, which are the leased object against Defendant E and H, and the said Defendants asserted simultaneous performance with the obligation to return the deposit to the said Plaintiffs. According to the facts based on the facts, the lease contract between the said original Defendants was terminated upon January 31, 2014.

Therefore, the above defendants are obligated to pay the above plaintiffs the lease deposit of KRW 28 million, and at the same time deliver the above shopping mall to the above plaintiffs.

B. (i) Party’s assertion regarding Plaintiff B’s claim.

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