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(영문) 서울남부지방법원 2018.01.11 2017가단239452
건물명도(인도)
Text

1. The defendant indicates 1, 2, 3, and 3 of the annexed drawings among the real estate listed in the annexed list to the plaintiff (pre-party company) and the appointed party.

Reasons

The facts that the Plaintiff (Appointed Party) and the designated parties are co-owners of the real estate listed in the separate sheet, and on September 20, 201, the Plaintiff (Appointed Party) successively connected each of the items in the separate sheet No. 1, 2, 3, 4, and 16§³ (hereinafter “instant real estate”) among the real estate listed in the separate sheet with the Defendant on September 20, 201, concluded a lease agreement by designating the lease agreement as between KRW 12,50,000, monthly rent of KRW 1,250,000, monthly rent of KRW 1,250,000, and from October 15, 2011 to October 31, 2012. Since the lease agreement was renewed thereafter, the Plaintiff (Appointed Party) did not notify the Defendant of the termination of the above lease agreement on August 4, 2017, or the purport of the entire pleading No. 1 or No. 3 (including the dispute between the parties).

According to the above facts, since the above lease contract was terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff (appointed party) and the appointed party, who is the owner of the real estate of this case.

(A) The claim of this case by the Plaintiff (Appointed Party) is justified, and thus, the claim of this case is accepted, since the Plaintiff (Appointed Party) did not explicitly state the simultaneous performance defense at the date of pleading and did not appear or submit data on the date of pleading.

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