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(영문) 부산지방법원 2020.11.27 2019가단344169

건물인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 13, 2017, the Plaintiff concluded a sales contract with regard to the instant real estate as KRW 139,00,000 with respect to the sales price for C and the instant real estate, for which the actual owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). On November 17, 2017, the Plaintiff completed the registration of ownership transfer for the instant real estate on the grounds of the said sale.

B. On January 25, 2018, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C, setting the lease deposit amount of KRW 110,00,000 for the instant real estate in the name of the Plaintiff, and the term of lease from January 25, 2018 to January 24, 2020.

C. On November 28, 2019, the relevant criminal case C prepared a letter of delegation with respect to the instant real estate from this Court (hereinafter “C”) on November 20, 2019, stating that “A had not been entrusted with the authority to manage and conclude the instant real estate by the Plaintiff on or around November 20, 2017, even though there was no delegation from the Plaintiff, the Plaintiff was sentenced to imprisonment with prison labor for three years due to the following: (a) the Plaintiff’s act of delegation with the authority to manage and conclude the instant real estate; (b) the Plaintiff forged one power of delegation with respect to the instant real estate in the name of the Plaintiff by affixing the Plaintiff’s seal received from the Plaintiff for the work related to the instant real estate sales and purchase contract; and (c) the preparation of the instant lease agreement on or around January 25, 2018, after signing a seal created by C in advance by the Plaintiff’s name, thereby forging the Plaintiff’s name.”

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, each entry in Eul 1 to 10 evidence (including each number; hereinafter the same shall apply), each entry in Eul 1 to 10 evidence, and the result of the response to each order to submit financial transaction information to the D bank by this court, the purport of the whole pleadings, as a whole.

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) is to conduct the registration of ownership transfer of the instant real estate to C.