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(영문) 인천지방법원 2019.11.13 2018가단20018
건물인도
Text

1. Defendant C and Defendant D shall deliver to Defendant E the real estate listed in the separate sheet.

2. Defendant E shall be Defendant C, and Defendant E.

Reasons

1. Determination as to the claim against Defendant C and Defendant E

A. The part corresponding to the Defendants among the grounds for the attachment of the claim is indicated in the attached Form.

(b) Judgment based on the recommendation of confession based on the basis of recognition (Article 150 (1) and (3) and Article 208 (3) 2 of the Civil Procedure Act);

C. The return of the deposit for partial dismissal is a lawsuit seeking the return of the deposit for lease without any damages for delay from the date of delivery of the lease building until the date of delivery of the lease building, and the claim for the return of the deposit for lease without delivery of the lease building in simultaneous performance relationship constitutes a lawsuit for future performance. Accordingly, the application of statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is excluded in accordance with the proviso of Article 3(

According to the theory of the lawsuit, Defendant C, a lessee, has a duty to deliver the real estate listed in the separate sheet to Defendant E at the request of the Plaintiffs subrogated to Defendant C, and Defendant E, at the same time, has a duty to deliver the real estate listed in the separate sheet from Defendant C and Defendant D, and as requested by the Plaintiffs, to pay the Plaintiff A the amount of KRW 60 million, KRW 60,000,000, and each of them is calculated at the rate of 5% per annum under the Civil Act from the day following the delivery date of the above real estate to the day of full payment.

2. Determination as to the claim against Defendant D

A. Basic facts 1) Defendant C’s name on May 12, 2008 (hereinafter “instant real estate”) indicated in the attached list owned by Defendant E in its own name.

(A) The term of this Agreement shall be 24 months from June 30, 2008 to June 29, 2010, and 120,000,000 won as deposit (hereinafter “instant Housing Lease Agreement”).

A) Around that time, the Plaintiff entered into a contract, paid a security deposit, and occupied the instant real estate with Defendant D. (2) Meanwhile, the Plaintiffs are located in the title of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which was registered under C on December 1, 2010, G of the land title of the F Building G.

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