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Reasons
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(영문) 창원지방법원 2019.01.24 2018가합52382
건물명도(인도)
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1. Defendant (Appointed Party) and Appointed C shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff, .

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of 1/2 of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 25, 2017, the Plaintiff entered into a lease agreement with Defendant C on the following terms: (a) the lease deposit amount of the instant real estate is KRW 200,000,000, monthly rent is KRW 10,000 (excluding the payment on May 5, 201, value-added tax), and the lease term is fixed from May 19, 2017 to May 20, 2020 (hereinafter “instant lease agreement”); (b) the initial date of the lease agreement is KRW 150,00,000 as the facility cost at the termination of the lease under the instant lease agreement; and (c) the initial date of the lease agreement is June 5, 2017.

C. After the conclusion of the instant lease agreement, Defendant C was handed over the instant real estate from the Plaintiff on May 19, 2017, and was engaged in wholesale and retail business of food materials, etc. with Defendant B, the husband of the instant real estate, together with Defendant B.

Although Defendant C occupied and used the instant real estate together with Defendant B until now, only KRW 71,00,000 shall be paid from June 5, 2017 to January 11, 2018, and no rent was paid thereafter.

E. The Plaintiff terminated the instant lease agreement on the grounds of the delinquency in rent by Defendant C through the service of the duplicate of the instant complaint, and the duplicate of the instant complaint reached the Defendants on May 23, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6 (including virtual number) and the purport of whole pleading

2. Determination

A. According to the facts of the judgment as to the claim against Defendant C, the instant lease agreement was terminated on May 23, 2018, and as such, Defendant C transferred the instant real estate to the Plaintiff, and ② from June 5, 2017 to December 4, 2018, the rent is 198,00.

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