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(영문) 서울중앙지방법원 2019.01.17 2018가단5125467
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 2 attached hereto.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The indication of the grounds for the claim (attached Form 1) is as shown.

2. In full view of the respective statements (including branch numbers) and the purport of the entire pleadings by the evidence Nos. 1 and 7 based on recognition, the Defendant is obligated to deliver to the Plaintiff the real estate indicated in the separate sheet (hereinafter “instant real estate”) barring any special circumstance.

In this regard, the defendant alleged that he did not have a duty to deliver the real estate of this case to the plaintiff until collecting the premium of KRW 10 million. However, even if the defendant paid the premium to the previous lessee, etc. as above, there is no evidence to acknowledge that the defendant leased the real estate of this case under the condition that the lessor or the plaintiff received the premium of this case at the time of the lease contract or deliver the real estate of this case after collecting the premium of this case. Thus, the defendant's above assertion is without merit.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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