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(영문) 서울북부지방법원 2016.07.26 2016가단105692

건물명도

Text

1. The Plaintiff, ① Defendant B received 30 million won from the Plaintiff, and at the same time, Defendant B entered in the attached list.

Reasons

1. Indication of claim: The grounds for the claim shall be as specified in the corresponding part against the Defendants in the attached Form;

(1) Defendant B’s assertion that it is impossible to comply with the Plaintiff’s request for the delivery of the building of this case is not a justifiable ground to block the Plaintiff’s claim of this case, and thus, it is not acceptable to accept such assertion. However, since Defendant B’s assertion that the amount of lease guarantee to be refunded by the lessor of the building of this case is KRW 30 million is deemed to have been led to the Plaintiff’s confession, Defendant B’s assertion seeking the refund of deposit for lease deposit of KRW 30 million and simultaneous performance is justifiable only within the extent recognized as above, and is justified only to the extent recognized as above). 2. Decision of deeming confession (Article 208(3)3, the main text of Article 150(3), the main text of Article 150(1)