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(영문) 서울중앙지방법원 2018.02.09 2017나38159
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall provide the plaintiff with the real estate listed in the attached list No. 1.

Reasons

1. Basic facts

A. On November 20, 2015, the Plaintiff entered into a lease agreement with a family association (hereinafter “non-party company”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to KRW 470,000,000 (the date of the contract, KRW 40,000,000,000,000 until December 23, 2015, and each of the remaining deposits shall be paid KRW 2,350,000,000,000 for monthly rent and KRW 1.5,000,000,000,000 for monthly rent, and the lease agreement was concluded between November 27, 2015 to November 27, 2017).

The Plaintiff paid KRW 40 million among the lease deposit on the same day, and was handed over the instant real estate.

B. Around that time, the Plaintiff transferred the above real estate to the Defendant who agreed to conduct the B project project project together with the Plaintiff, and had the Defendant use it, and paid the Nonparty Company KRW 60 million additionally with the lease deposit.

C. Around July 2016, the Plaintiff requested the Defendant to deliver the instant real estate, and the Defendant, around September 5, 2016, agreed to deliver the instant real estate to the Plaintiff by September 25, 2016, and to settle the rent and management expenses from the date of the lease contract to the date of eviction.

On July 1, 2017, after the judgment of the court of first instance was rendered, the Plaintiff removed the Defendant’s goods, such as household effects, from the instant real estate, and completed the delivery execution of the instant real estate.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purpose of the whole pleading

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the real estate of this case to the plaintiff according to the payment agreement, such as the delivery and rent of the real estate of this case, and the real estate of this case was delivered to the plaintiff by provisional execution based on the judgment of the court of first instance as seen earlier. However, the creditor's execution is satisfied upon the declaration of provisional execution.

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