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(영문) 수원지방법원 2017.02.21 2016가단45645
건물명도등
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. From July 18, 2015, the above real estate.

Reasons

1. Facts of recognition;

A. On June 6, 2014, C and the Plaintiff, the representative director of the Defendant, concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff setting the amount of KRW 5,000,000 per month from the Plaintiff as KRW 320,000 (repaid on 17th of each month).

B. C was in arrears from July 18, 2015, and the Plaintiff terminated the instant lease agreement on the grounds thereof, and thereafter, the Plaintiff filed a lawsuit against C to the effect that “The Plaintiff shall deliver the instant real estate and pay the amount calculated at the rate of KRW 320,000 per month from July 18, 2015 to the completion date of delivery” and received a favorable judgment.

C. On October 13, 2016, the Plaintiff attempted to enforce the said judgment with the enforcement title, but possession of the instant real estate became impossible on the ground that it was not C but the Defendant.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Gap evidence 3-1 to 4, Gap evidence 4, the purport of the whole pleadings

2. According to the above facts finding, the defendant occupies the real estate of this case without any title.

As such, the Plaintiff is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by applying the rate of KRW 320,000 per month from July 18, 2015 to the completion date of delivery of the said real estate.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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