(영문) 대구지방법원 2017.12.08 2017가단103969

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(영문) 대구지방법원 2017.12.08 2017가단103969

건물인도 등 청구의 소

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1. The Defendants are to the Plaintiffs.

(a)each transfer of each real estate listed in the separate sheet;

B. Joint and several liability: March 16, 2017

Reasons

1. Facts of recognition;

A. On March 25, 2016, the Plaintiffs, co-owners of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) concluded a lease agreement with F Co., Ltd. (hereinafter “F”) and each of the instant real estate as of March 25, 2016, with each of the instant real estate as of KRW 30,000,000, monthly rent of KRW 770,000 (excluding value-added tax, advance payment on the fiveth day of each month), and each of the lease periods as of April 5, 2016.

(hereinafter “each of the instant lease agreements”). (b)

Defendant C, from April 23, 2014 to April 23, 2014, real estate listed in attached list No. 1, and Defendant D, from January 14, 2016 to January 14, 201, real estate listed in attached list No. 2 is registered as each head office, and all of the instant real estate is occupied.

Defendant E, as the mother of Defendant D’s representative G and the representative of Defendant C, directly concluded each of the instant lease agreements with the Plaintiffs in the name of F. From that time, Defendant E occupied each of the instant real estate from that time to that time.

C. From April 5, 2016 to June 5, 2016, F did not pay the monthly rent under each of the instant lease agreements during the period from April 5, 2016 to June 5, 2016. On June 14, 2016, the Plaintiffs sent to F a certificate to the effect that each of the instant lease agreements will be terminated on the grounds of unpaid rent for three months and that each of the instant real estate would be returned. On the other hand, the Plaintiff filed a lawsuit against F seeking delivery, etc. of each of the instant real estate due to the termination of each of the instant lease agreements (hereinafter “relevant lawsuit”), and a duplicate of the complaint was served to F around March 16, 2017.

As of March 16, 2017, the amount of profit from the possession and use of each real estate in this case is confirmed as equivalent to the rent under each of the instant lease agreements.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 7 evidence (including each number), the purport of the whole pleadings

2. The argument and judgment.

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