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(영문) 서울중앙지방법원 2017.03.30 2015가합536099
토지인도 등
Text

1. Defendant G, H, and T shall deliver each of the lands listed in the separate sheet Nos. 1, 3, 5, 6, 8, and 9 to the Plaintiffs.

Reasons

1. Facts of recognition;

A. Among the real estate listed in the separate sheet of status of the Plaintiffs (hereinafter “each of the instant real estate”), the respective land listed in the separate sheet of the Plaintiffs (hereinafter “each of the instant real estate”) is the owner of each of the 8/34 shares, 4/34 shares, 4/34 shares, 4/34 shares, 7/34 shares, 4/34 shares, 7/34 shares, and 7/34 shares, respectively.

B. On December 22, 201, the Plaintiffs and Defendant G entered into the instant lease agreement with Defendant G, with the amount of KRW 450 million (20 million in the lease deposit for each of the instant real estate (in the event of a contract, KRW 180 million in the part payment of KRW 180 million in the part payment of KRW 100 million in the first part payment of KRW 30,000,000 in the part payment of KRW 100,000 in the second part payment, July 30, 2012; KRW 150,000 in the remainder payment of KRW 150,000 in the remainder payment of December 30, 201) and KRW 33,00,000 in the following rent (including value-added tax; hereinafter the same shall apply); and the lease agreement was concluded by setting the lease agreement as the lease agreement of this case on December 2, 2012 (hereinafter “the lease agreement”).

C. The Defendant G, who terminated the instant lease contract with overdue rent, etc., paid only KRW 300 million to the Plaintiffs, and did not pay the remainder KRW 150 million from July 30, 2012 to October 27, 2014, as shown in the attached Table, and paid the remainder by paying the difference of KRW 792 billion from July 30, 2012 to May 30, 2015.

In addition, Defendant G established T Co., Ltd. (hereinafter “Defendant T”) on August 6, 2012 with his husband, and subsequently arbitrarily leased each of the instant buildings under the name of the Defendant T, and illegally constructed a building of 97 square meters in the ship that connects each of the items of the attached drawings No. 1, 2, 3, 4, 5, and 1 on the land listed in attached Tables 5 and 6.

Accordingly, the plaintiffs delay to pay the above rent by delivering a copy of the complaint of this case to Defendant G.

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