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(영문) 수원지방법원안산지원 2015.01.21 2014가단8189
건물명도
Text

1. Defendant B shall from June 3, 2013 to the completion date of delivery of the building as indicated in the separate sheet from the Plaintiff’s KRW 30 million.

Reasons

1. As to Defendant B

A. There is no dispute between the parties to the judgment on the cause of the claim (4 to 6). Thus, Defendant B is obligated to deliver to the Plaintiff the building indicated in the separate sheet (hereinafter “instant building”) barring any special circumstance.

B. As to Defendant B’s assertion, Defendant B’s defense of simultaneous performance could not comply with the Plaintiff’s claim until the remainder after deducting the unpaid monthly rent, etc. from the Plaintiff was returned, it can be acknowledged that Defendant B continued to delay the monthly rent of KRW 1.1 million from June 3, 2013 to June 3, 2013, taking full account of the overall purport of the pleadings. As such, Defendant B’s duty to return to Defendant B the remainder after deducting the amount calculated by the rate of KRW 1.1 million from June 3, 2013 to June 3, 2013 from the date of delivery of the building of this case. Defendant B’s duty to deliver the remainder is related to the Plaintiff’s duty to return the said deposit to the Plaintiff.

Therefore, the defendant B's defense is justified.

2. As to Defendant C

(a) Indication of claims: To be as shown in the reasons for the claim (7 to 10 pages);

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. According to the conclusion, the plaintiff's claim against the defendant B is justified within the extent of the above recognition, and the plaintiff's claim against the defendant C is justified.

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