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(영문) 서울중앙지방법원 2019.01.15 2018가단5183586
건물명도(인도)
Text

1. As to KRW 110,138,324 and KRW 105,00,00 among the Plaintiff, Defendant B’s year from August 6, 2018 to October 21, 2018.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

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

2. Each fact in the separate sheet of claim against the defendant C Co., Ltd. may be acknowledged by either the parties to the dispute or by means of Gap evidence 1 to 6, Eul evidence 1 to 1, and Eul evidence 1-2 (including each number).

Therefore, the lease agreement on the real estate stated in the attached list among the Defendants was terminated on August 28, 2018 by the Plaintiff’s notice of termination (No. 6-2) or the expiration of the lease term (No. 31, 2018, No. 3, and Defendant C Co., Ltd.’s reply on October 10, 2018).

The plaintiff, a transferee of the right to return the lease deposit, can seek the delivery of the above real estate to the defendant Eul, a lessee by exercising the creditor's subrogation right on behalf of the plaintiff C, a lessee. Accordingly, the defendant C is obligated to deliver the above real estate to the defendant C corporation. Accordingly, the defendant C corporation is also obligated to deliver the above real estate from the defendant C corporation. At the same time, the defendant C corporation is jointly obligated to pay the above money to the plaintiff the lease deposit amount of KRW 118,706,50 under the lease contract of this case until the delivery of the above real estate is completed from the 118,706,50 to the defendant C corporation. The defendant C corporation is obligated to pay the remaining money after deducting all the claims, such

3. The plaintiff's claim against the defendants is justified. Thus, the plaintiff's claim against the defendants is accepted.

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