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(영문) 대구지방법원 2021.02.05 2019가단126676
토지인도
Text

The Defendants deliver to the Plaintiffs the real estate indicated in the separate sheet. The Defendants jointly and severally notify the Plaintiff A, and A.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff-related Plaintiff A is the mother of Plaintiff B, and the Plaintiffs are the real estate listed in the separate sheet (hereinafter “instant real estate”).

The owner of his own shares (Co-owners who hold one-half shares).

Defendant C is the pilot of Defendant D’s husband’s interest Plaintiff, and currently, the Defendants occupy the instant real estate and operate a paid parking lot with the trade name “E”.

2) The Plaintiffs entered into a sales contract with Defendant C on December 5, 200 and completed the registration procedure for the transfer of ownership on December 28, 200.

B) The Plaintiffs, taking into account the difficult circumstances of the Defendants around November 9, 2001, concluded a lease agreement between the Defendants and the instant real estate at KRW 20,000,000 as monthly rent, and KRW 1,000,000 as to the instant real estate (hereinafter “instant lease agreement”).

I entered into this chapter.

Since then, the defendants continue to conduct the parking lot business.

3) The Defendants did not fully pay the monthly rent from around December 2003, as the monthly rent in arrears and rent deposit of the Defendants.

B) The monthly rent of KRW 20,000,000, which occurred from December 2, 2003 to July 2005 when 20 months have passed since the Defendants failed to pay, was deducted from KRW 20,000,00 to the Plaintiffs, and all the Defendants’ claims for the return of the rental deposit were extinguished.

4) The Plaintiffs cancel the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendants’ delinquency in rent.

5) The Plaintiffs, as the owners of the instant real estate, sought the delivery of the instant real estate to the Defendants as the owner of the instant real estate during the monthly rent or the monthly rent. According to the instant lease agreement, the Defendants were to KRW 36,00,000, monthly rent from July 1, 2016 to June 30, 2019, as well as KRW 36,000.

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