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(영문) 대전지방법원 서산지원 2021.01.13 2019가단53728
건물명도(인도)
Text

1. The Defendants shall deliver each of the instant real estate of each Defendant listed in the separate sheet No. 1 to the Plaintiff. 2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Although the Plaintiff entered into a lease agreement on the real estate listed in attached Table 1 No. 7 of the attached Table 1 with Defendant E, the Plaintiff did not receive a rent from Defendant E from November 2018, and the Plaintiff expressed his/her intent to terminate the said lease agreement on the ground of delinquency in rent through the instant complaint. The fact that the instant complaint was served on Defendant E on July 8, 2019 does not conflict between the parties, or is apparent in the record.

According to the above facts, since the above lease contract between the plaintiff and the defendant E was lawfully terminated around July 8, 2019, the defendant E has a duty to deliver the above real estate to the plaintiff.

Therefore, the plaintiff's claim against the defendant E is justified, and this is accepted.

2. Determination on the remaining Defendants except Defendant E

A. Indication of Claim: The Plaintiff entered into a lease agreement with the Defendants on each real estate listed in the separate sheet No. 1 as stated in the separate sheet No. 1. The Defendants have the grounds for termination of each lease as stated in the separate sheet No. 2 as stated in the separate sheet No. 2. Thus, the agreement on the title No. 1 entered into with the Defendants on the instant complaint for reasons for termination of the contract as stated in the separate sheet No. 2 shall be terminated, and the Defendants shall seek delivery of the relevant real estate.

B. Grounds for recognition 1) The remaining Defendants except Defendant E and J: Judgment deemed to be a confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(2) of the Civil Procedure Act) Defendant J: Judgment by publication service (Article 208(3)3 of the Civil Procedure Act)

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