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(영문) 수원지방법원성남지원 2017.05.12 2016가단25590
건물인도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

Basic Facts

A. On April 21, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to Defendant B Co., Ltd. (hereinafter “Defendant B”) during the period from May 12, 2015 to May 11, 2017, with a deposit of KRW 30,000,000, monthly rent of KRW 2,000,000, and the lease period of KRW 2,000,000 from May 12, 2015.

(hereinafter “instant lease agreement”). B.

Defendant B requested the Plaintiff to succeed to the instant lease agreement to Defendant C Co., Ltd. (hereinafter “Defendant C”), while the instant real estate was occupied and used upon delivery by the Plaintiff, but the Plaintiff rejected such request.

C. Nevertheless, Defendant C transferred the possession of the instant real estate to Defendant C, thereby occupying the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings are asserted by the parties concerned, who asserted that the lease contract of this case was terminated by the lawsuit of this case by asserting that the defendant B was in arrears for more than two years, and that the plaintiff sought delivery of the real estate of this case to the defendant B according to the termination of the lease contract, and that the defendant C occupied the real estate of this case without permission.

As to this, the Defendants are arguing that there is a lack of proof of the Plaintiff as to whether Defendant B was in arrears.

Judgment

On the other hand, if a lease agreement was established, the burden of proving that the lessor was paid the rent due to the occurrence of the claim for rent based on the lease agreement (see, e.g., Supreme Court Decision 2004Da19647, Jan. 13, 2005) is borne by the lessee (see, e.g., Supreme Court Decision 2004Da19647, Jan. 13, 2005). Therefore, in accordance with the principle of allocation of burden of proof, a duplicate of the complaint of this case stating the declaration of termination on the grounds of the delinquency

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