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(영문) 서울남부지방법원 2016.11.30 2015가단62030
건물인도등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On March 28, 2011, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) in a voluntary auction proceeding, and the same year.

5. 11. Completion of the registration of ownership transfer.

On April 7, 2011, the Plaintiff signed a real estate sales contract with the non-party company and the Plaintiff on March 28, 201, to the representative director E of D Co., Ltd. (hereinafter “non-party company”) on April 7, 2011. In concluding the real estate service contract, the Plaintiff prepared and issued a power of delegation stating that the Plaintiff will delegate all the rights and obligations of the service contract to the non-party company that is the mandatary.”

(hereinafter “instant delegation.” The instant real estate was used for sugar business under the name of F Co., Ltd. on June 15, 201, and Defendant C, upon entering into a lease agreement with a non-party company on June 15, 201, paid KRW 60,000,000 as lease deposit, and possessed the portion of “D” as indicated in the attached drawings among the instant real estate. Defendant B, upon entering into a lease agreement with a non-party company on July 30, 2012, paid KRW 35,000,000 as lease deposit and paid KRW 35,00,000 as lease deposit, and occupied the portion “A, B, C,” and the part “(s)” among the instant real estate.

[Reasons for Recognition] In light of the above facts, the defendants possessing each part of the real estate of this case are obligated to deliver each of the above parts to the plaintiff, the owner of the real estate of this case, unless there are special circumstances. The defendants who possess each part of the real estate of this case are obliged to deliver each of the above parts to the plaintiff, unless there are special circumstances.

The Defendants asserted as to the Defendants’ assertion have the duty to deliver each leased object simultaneously with receiving the lease deposit from the Plaintiff or the Nonparty Company.

Judgment

On the other hand, the Defendants concluded a lease agreement with the non-party company wholly delegated by the Plaintiff and possessed the leased object.

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