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(영문) 의정부지방법원 고양지원 2018.01.11 2017가단3973
건물명도 등
Text

1. The Defendants are to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

(b) Co-ownership shall take place between March 1, 2015 and paragraph (a).

Reasons

The Plaintiff is the owner of the real estate listed in the attached Table (hereinafter “instant real estate”).

The Plaintiff asked Defendant B to lease and request the instant real estate, and Defendant B resided in the instant real estate with Defendant C and D, but did not properly perform the affairs related to the lease of the instant real estate by delivering deposit or rent to the Plaintiff.

Accordingly, the Plaintiff terminated the delegation contract with Defendant B around early 2015, and requested the Defendants to deliver the instant real estate. However, the Defendants refused to deliver the instant real estate.

The rent of the instant real estate is KRW 380,000 per month from March 2015 to November 2017.

[Ground of recognition] Fact-finding, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings are as follows: defendant Eul lost the right to lease or use the real estate of this case upon termination of the delegation contract with the plaintiff; even if defendant C and D possessed the real estate of this case with the plaintiff as the original owner's consent, since the relationship between the plaintiff and the defendant Eul was reversed, the possession of the real estate of this case of this case by defendant C and D constitutes illegal possession against the plaintiff.

Therefore, the Defendants are jointly obligated to deliver the instant real estate to the Plaintiff, and jointly and severally pay an amount equivalent to the rent calculated by the ratio of KRW 300,000 per month from March 1, 2015 to the completion date of delivery of the instant real estate.

Thus, the plaintiff's claim against the defendants of this case shall be accepted as all of the grounds.

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