beta
(영문) 청주지방법원 2014.01.22 2013가단14309

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. There is no dispute between the parties as to the fact that the defendant occupies the real estate listed in the separate sheet owned by the plaintiff as to the cause of the claim. Thus, the defendant is obligated to deliver the real estate listed in the separate sheet to the plaintiff as the owner

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) On April 8, 2013, the Defendant concluded a lease agreement with C on a deposit basis with the Plaintiff on the real estate listed in the separate sheet, and thereafter occupied the real estate listed in the separate sheet on June 10, 2013. 2) At the time of the above lease agreement, the Defendant explained that C was a legitimate agent, since C was the Plaintiff’s mother at the Licensed Real Estate Agent Office at the time of the said lease agreement and purchased the real estate listed in the separate sheet on behalf of the Plaintiff, and as C was also said to be his/her own agent, C is clear that it is a legitimate agent for the Plaintiff to conclude the said lease agreement.

3) Even if not, C is the Plaintiff’s mother, as seen earlier at the Licensed Real Estate Agent Office, and as seen earlier, C is also obligated to deliver down payment to the Defendant by inserting the account number of national bank in the name of the Plaintiff; C was bound to deliver the down payment to the Defendant; C received from C the electronic heat chains and internal keys; when a licensed real estate agent office left the real estate in the separate sheet with C and other customers, the Plaintiff was sent to the Plaintiff by phone with the door number number of the entrance, and the Plaintiff directly opened an door door to the site. In full view of the above, the Plaintiff is liable to act of expression under Articles 125 and 126 of the Civil Act. Accordingly, the Defendant is not obligated to deliver the real estate recorded in the separate sheet to the Plaintiff as a legitimate tenant for the real estate stated in the separate sheet.

B. We examine the argument that the plaintiff is a legitimate agent of the judgment 1, and the plaintiff is the defendant with C.