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(영문) 의정부지방법원고양지원 2020.02.14 2019가단82833
건물명도(인도)
Text

1. The defendant,

(a) deliver to Appointers D the real estate listed in the sequence 1,580,000, as well as KRW 1,580.

Reasons

1. In full view of the overall purport of pleadings as to the cause of the claim, comprehensively taking into account the following factors: (a) the selected party D (hereinafter “Plaintiff D”) entered into each lease agreement with the Defendant on July 17, 2017, with respect to the real estate indicated in the No. 1 of the attached property indicated in the No. 2 of the attached property; and (b) the Plaintiff (appointed party) entered into each lease agreement with the Defendant on July 1, 2017, with each of the real estate indicated in the No. 2 of the attached property indicated in the No. 30,000,000, monthly rent of KRW 2,700,000 (value-added tax separately, and payment after the last day of each month); (c) the Defendant did not notify the Defendant of each of the instant lease agreements (hereinafter “each of the instant lease agreements”); and (d) the Plaintiff (party) and the Plaintiff D were not indicated as the party to each of the instant real estate until July 21, 2017.

According to the above facts, each of the instant lease agreements was terminated upon the legitimate exercise of the right to terminate the lease by the plaintiff (appointed party) and the plaintiff D, so the defendant is obligated to deliver the real estate listed in the No. 1 of the attached real estate and the real estate listed in the No. 2 of the attached real estate to the plaintiff (appointed party).

Furthermore, the Defendant shall pay to Plaintiff D money calculated at the rate of KRW 1,580,000 per month and KRW 2,970,000 per month from November 1, 2018 to the completion date of delivery of real estate indicated in the No. 1 of the attached real estate. The Defendant shall pay to Plaintiff (Appointed Party) money calculated at the rate of KRW 470,00 and KRW 2,970,00 per month from November 1, 2018 to the completion date of delivery of real estate indicated in the No. 2 of the attached real estate.

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