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(영문) 수원지방법원 2017.10.12 2017가단516328
건물명도(인도)
Text

1. The Defendants deliver each of the pertinent buildings listed in the separate sheet to the Plaintiff.

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

Reasons

1. Claims against Defendant A, C, D, E, F, G, and H

A. Among the grounds for the separate claim to indicate the claim, each of the above Defendants’ corresponding parts are as stated in the separate claim.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. In full view of the purport of the entire pleadings as to evidence No. 1-7 and No. 2-7 of the claim No. 1-7 against Defendant B (including the fact that there is no dispute between the parties), the lease agreement between the Plaintiff and Defendant B was duly terminated on July 16, 2017, on which the duplicate of the complaint of this case, which included the Plaintiff’s declaration of intention to terminate the contract for the reason of delayed payment of rent three times or more by Defendant B, was delivered to Defendant B.

Therefore, Defendant B is obligated to deliver to the Plaintiff the building indicated in the attached list.

As to this, Defendant B asserted that he paid the Plaintiff the overdue charge on or around June 2017. However, even except the rent partially repaid by Defendant B, Defendant B appears to have been more than three minutes of the overdue charge around the day of termination of the said lease. As such, the termination of the said lease by the Plaintiff is lawful.

Defendant B’s above assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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