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(영문) 대구지방법원 2020.07.14 2019가단148164
건물인도
Text

1. The Defendants jointly do so to the Plaintiff:

A. Of the buildings listed in the attached list, indication 1, 2, 3, 4, 5, 6, 1 of the attached list.

Reasons

1. Basic facts

A. On May 9, 2014, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase with respect to the buildings listed in the separate sheet (hereinafter “the entire building of this case”). The Defendants were from this point to D, and Defendant C, the father of the Defendant B, was running restaurant business in the leased building of this case, by leasing the portion (A) and 95m2 (hereinafter “the leased building of this case”) connected in sequence, among the entire buildings of this case, in the order of indication 1, 2, 3, 4, 5, 6, and 1 of the separate sheet among the entire buildings of this case.

B. On May 10, 2014, the Plaintiff entered into a lease agreement with Defendant C with the terms that the Plaintiff leased the instant leased building to Defendant B with the term of KRW 20,000,000, monthly rent of KRW 1,200,000 (prepaid on May 10, 2014) and the term of lease from May 10, 2014 to May 9, 2016 (hereinafter “instant lease agreement”).

C. On May 9, 2016, the Plaintiff and the Defendants agreed to renew the instant lease agreement and increase the monthly rent to KRW 1,300,000 from June 10, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the request for extradition

A. We examine the judgment on the cause of the claim. Since there is no dispute between the Plaintiff and the Defendants that the instant lease agreement has been terminated, the Defendants, as joint occupants of the leased building of this case, are jointly obligated to jointly restore the leased building to the Plaintiff, barring any special circumstance.

B. The Defendants’ defense and judgment 1) The Defendants had the key to the entrance door of the instant leased building, which was left to the real estate office managing the instant leased building on November 1, 2019 after the Defendants completed the report of closure of the leased building in the instant leased building, and the Plaintiff already completed the delivery of the instant leased building, since the key to the entrance door of the instant leased building was known to the Plaintiff.

(hereinafter “paragraph 1”). (B) The Defendants are the lessor and the lessor.

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