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(영문) 창원지방법원진주지원 2015.02.12 2014가단33044
건물명도
Text

1. The Plaintiff:

A. Defendant A and Defendant B indicated in Section 2 of the attached Table 1 List Nos. 1, 2, 3, and 2.

Reasons

1. Basic facts

A. On December 10, 2013, the Plaintiff owned each real estate (which is the building of H Hospital; hereinafter “instant hospital”) listed in the attached Table 1 list by being awarded a successful bid on December 10, 2013.

B. The Defendants are tenants who leased and occupied each part of the annexed drawings among the instant hospitals. Defendant A and Defendant B, in turn, connected each point of the (A) section 1, 2, 3, 4, and 1 of the annexed drawings among the 1st floor of the hospital building in question; Defendant C, in turn, connected each point of (B) section 10, 11, 12, 13, and 10 of the annexed drawings among the 1st floor of the hospital building in question; Defendant C, in turn, connected each point of (B) section 13.22 square meters (4 square meters) among the 1st floor of the hospital building in question; Defendant D, in sequence, connected each point of (c) section 1, 15, 16, 17, and 14 of the annexed drawings, and (d) section 2, 39.6 square meters (12 square meters) among the annexed drawings of the hospital building in question; Defendant E, in turn, connected each part of the annexed drawings of 12, 324, 194,244.

[Judgment of the court below]

2. Determination

A. According to the above facts of recognition, the Defendants are obligated to deliver each part of possession to the Plaintiff, the owner of the instant hospital.

(2) The defendant does not dispute the fact that he is a tenant with no opposing power against the plaintiff.

As to this, Defendant A, Defendant C, Defendant E, and Defendant F paid expenses, beneficial expenses, etc. for the lease and operation of each occupied part, and thus, they cannot comply with India before being paid such expenses. However, considering the overall purport of the pleadings in addition to the written evidence Nos. 1-1, 2, and Ra No. 1, it can be acknowledged that the lease agreement entered into by the said Defendants with the H Hospital (Article 11 of the contract) is stipulated in the entirety of the pleadings.

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