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(영문) 창원지방법원 2021.02.23 2020가단112389
건물인도
Text

1. The Plaintiff:

A. The Defendants jointly deliver the real estate indicated in the separate sheet to the Defendants,

(b) the defendant.

Reasons

1. Claim against Defendant B

(a)as shown in the grounds for the change in the attachment of the claim;

B. Judgment deeming a confession based on recognition (Articles 208(3)3 and 150(3) of the Civil Procedure Act)

2. The Plaintiff, on October 1, 2019, leased the instant real estate (hereinafter “instant real estate”) to Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant B sub-leaseed the instant real estate to Defendant C Co., Ltd. (hereinafter “Defendant C”) on April 6, 2020, and the Plaintiff consented thereto. Defendant B delayed the payment of rent for three or more years under the lease agreement with the Plaintiff. The Plaintiff’s termination of the lease agreement with Defendant B on the ground of the foregoing delinquency in rent was not a dispute between the parties, and thus, Defendant C is jointly obligated to deliver the instant real estate to the Plaintiff (the obligation to return the jointly owned object is indivisible). Accordingly, the Plaintiff’s claim against Defendant C is with merit.

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