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(영문) 서울남부지방법원 2019.06.05 2018가단24145
건물명도 등
Text

1. The Defendants are jointly and severally appointed parties and the designated parties:

(a) the real estate listed in the separate sheet;

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Evidence Nos. 1 through 7, including the delivery of buildings, the Defendants concluded a lease agreement with the Plaintiff (appointed party; hereinafter “Plaintiff”) on May 19, 2016, setting the lease deposit amount of KRW 50 million, KRW 3.5 million per month, and the period from July 10, 201 to July 10, 2021 (hereinafter “instant lease agreement”), and concluded a lease agreement with the Defendants on July 19, 2016, and concluded a lease agreement with the Plaintiff (appointed party; hereinafter “Plaintiff”) and the designated parties (hereinafter “instant building”), and the Defendants did not fully pay KRW 00,000,000,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,00.

Therefore, the Defendants are jointly and severally obligated to deliver the instant building to the Plaintiff and the designated parties, and to pay the amount calculated by the ratio of KRW 10,200,000 and KRW 3.850,000 per month from May 11, 2019 to the completion date of delivery of the instant building.

2. The Defendants’ assertion as to the Defendants’ assertion: (a) considerable expenses were invested in the interior works of the instant building; (b) the noise, malodor, etc. around the instant building was obstructed by business; and (c) the difficulty in business was high; (d) however, such circumstance alone is insufficient to deem that there exists a legal ground to block the Plaintiff’s claim.

Therefore, the defendants' arguments are accepted.

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