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(영문) 대구지방법원 2019.01.17 2018가단19122
건물인도 등
Text

1. The Plaintiff:

A. The Defendants deliver all the first floor of the building listed in the separate sheet;

B. Defendant C is 1.8 million won.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list.

B. On August 24, 2017, Defendant C leased from the Plaintiff the first floor of the building indicated in the separate sheet (hereinafter “instant building”) from the Plaintiff at rent of KRW 600,000 per month.

C. Defendant C did not pay rent for three months until the Plaintiff expressed his/her intent to terminate the instant building lease agreement on the grounds that he/she had not paid rent around January 2018.

Defendant D may occupy the instant building by purchasing and leaving at the compulsory auction procedure (this Court 2017No4040) the Defendant C-owned facilities and house, which are kept in the instant building on February 5, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 5-1 to 8, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant C is a tenant, and Defendant D is obligated to deliver the instant building to the Plaintiff, the owner of which is an unauthorized occupant.

Defendant C is obligated to pay to the Plaintiff 1.8 million won unpaid by January 2018 and damages for delay calculated at the rate of 15% per annum from September 14, 2018 to the date of full payment after the delivery of the complaint of this case.

3. Conclusion of the Plaintiff’s claim against the Defendants is justified.

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