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(영문) 창원지방법원 2021.02.05 2020가단4105
건물인도등
Text

1. The plaintiff

A. Defendant B: (i) deliver all three floors among the buildings listed in the separate sheet, and (ii) from July 15, 2018.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including branch numbers), the plaintiff agreed on September 15, 2017 to receive KRW 20,000,000 from each of the three floors of the buildings listed in the attached Table Nos. 1 and 2 (hereinafter referred to as the "real estate of this case") and the lease period from September 15, 2017 to September 15, 2019 from September 15, 2017 to receive KRW 1,00,000 from the above defendant as the 15th day of each month, and the real estate of this case was delivered to the above defendant, but the defendant Eul did not pay that year after July 15, 2018, and the defendant C has illegally occupied the real estate of this case.

According to the above facts, at least by the delivery of a copy of the complaint of this case, the lease contract on the real estate of this case was terminated. Thus, Defendant B is obligated to deliver the real estate of this case to the Plaintiff, and pay the amount of unfair profit equivalent to the rent calculated at the rate of KRW 1,00,000 per month from July 15, 2018 to the completion date of delivery of the real estate of this case. Defendant C is obligated to deliver the real estate of this case.

Therefore, the plaintiff's claim against the defendants is accepted for all reasons.

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