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(영문) 서울남부지방법원 2018.12.13 2018가단18577
건물명도(인도) 등
Text

1. The Plaintiff:

가. 피고 주식회사 B는 별지 1 목록 기재 부동산 13층 중 별도 2 도면 표시 ㈎,...

Reasons

1. Claim against Defendant B

(a) Indication of claims: The part on the defendant among the grounds for the claims in attached Form 3;

(b) Applicable provisions of Acts: Confession (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act).

2. Claim against Defendant C

(a)as shown in [Attachment 3] 1 and 2 of the Grounds for Claim

[Reasons for Recognition] deemed confession (Article 208(3)2, Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above facts, the defendant is jointly and severally liable to pay to the plaintiff the rent or unjust enrichment as stated in Paragraph B of Article 1-2, which the above company should pay to the plaintiff under the lease agreement. 2) The plaintiff's assertion on the claim for delivery of real estate is based on Disposition 1-2, which the defendant is jointly and severally liable to pay to the plaintiff.

such an assertion that the property is in possession of the property stated in the

As long as corporate personality is clearly divided, it is difficult to judge that the defendant naturally occupies the real estate of this case solely on the ground that the defendant is in the status of representative director of the above company. The defendant is not in the status of tenant under the lease agreement, and unless the plaintiff asserts that the defendant occupies the real estate, it is difficult to view that the defendant is jointly and severally liable for the delivery of the real estate solely on the ground that the defendant jointly and severally

C. Since the plaintiff's claim against the defendant in the lawsuit is justified, the claim for the money is accepted, and the claim for the delivery of real estate is dismissed as it is without merit.

The costs of litigation between the plaintiff and the defendant shall be borne by the defendant.

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