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(영문) 서울동부지방법원 2016.03.24 2015가단2110
건물명도
Text

1. The Plaintiff:

A. Defendant B shall have one floor of the building listed in the attached list;

B. The Defendants are the geographical floors of the building indicated in the attached list.

Reasons

1. Defendant C does not possess the branch of the building listed in the attached Table (hereinafter “instant building”). As such, among the Plaintiff’s lawsuit, the part of the claim against Defendant C seeking the delivery of the branch of the instant building against the Defendant C among the instant lawsuit is an unlawful lawsuit. However, in the performance lawsuit, Defendant C’s claim against the Defendant C has the standing to be the defendant. Thus, the aforementioned main safety defense of Defendant C’s claim against the Defendant C is without merit.

[In addition, according to the result of the fact-finding conducted by the Seoul Eastern District Court enforcement officer D, on January 21, 2015, the Plaintiff filed an application against the Defendants for provisional injunction against the possession of the entire first floor of the instant building by Defendant B and the possession of the entire branch floor of the instant building by Defendant C as the court 2015Kadan313, and the provisional injunction against the possession of the entire branch floor of the instant building by Defendant C. On January 30, 2015, this court accepted the application and decided provisional injunction. The enforcement officer D of the instant court delegated by the Plaintiff around 13:30 on February 12, 2015 (hereinafter “provisional injunction”). The execution of provisional injunction against the possession of the entire first floor of the instant building by Defendant B and the possession of the entire branch floor of the instant building by Defendant C (hereinafter “instant provisional injunction”).

(3) The court below held that Defendant C and Defendant C still occupy the ground floor of the instant building in accordance with the provisional disposition of this case, unless Defendant C and Defendant C have occupied the ground floor of the instant building in accordance with the provisional disposition of this case], even if Defendant C removed from the ground floor of the instant building.

A. On July 22, 2014, the Plaintiff leased the first floor and the second floor of the instant building owned by the Plaintiff to Defendant B, respectively, at KRW 1,00,000, monthly rent of KRW 24 months from August 20, 2014; KRW 35,000,000, monthly rent of KRW 1,000.

(hereinafter “instant lease agreement”). B.

Defendant B, around August 20, 2014, occupied and used the first floor and the second floor of the instant building by the Plaintiff and was transferred from the Plaintiff, and around that time, from that time to January 2015.

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