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(영문) 대구지방법원 서부지원 2018.06.05 2017가단61130
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate listed in the separate sheet No. 1.

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

Reasons

1. In full view of the facts that there is no dispute over claim against Defendant A, and the overall purport of the entries and arguments in Gap's evidence Nos. 1 through 3 (including branch numbers), the Plaintiff entered into a lease agreement with Defendant A on October 18, 2016 with regard to real estate Nos. 1 listed in the separate sheet No. 2,644,00 won and the monthly rent No. 54,410 won and delayed payment for at least three consecutive months; Defendant A did not pay the difference from August 31, 2016; the Plaintiff notified the Defendant A of the termination of the above lease agreement as a duplicate of the instant complaint.

According to the above facts, the above lease agreement was terminated on November 23, 2017, when a duplicate of the complaint of this case was delivered. Thus, Defendant A is obligated to deliver real estate Nos. 1 in attached Table 1 to the Plaintiff.

Defendant A asserts that, by March 30, 2018, Defendant A agreed to withdraw the instant lawsuit if the payment method of rent and management fee is changed to a bank automatic transfer, the Plaintiff paid KRW 800,000 of the rent and management fee, which was sealed by March 30, 2018.

However, there is no evidence to prove that Defendant A paid KRW 800,000 of the rent and management expenses sealed until March 30, 2018, and changed the payment method of rent and management expenses to automatic transfer, the above assertion is without merit.

2. Determination as to claims against Defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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