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(영문) 창원지방법원 2019.07.17 2018가단116906

건물명도등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate indicated in the annex;

(b) above;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “the instant officetel”), and D is a licensed real estate agent engaged in real estate brokerage business.

B. On August 29, 2017, the Plaintiff concluded a lease agreement with the E Co., Ltd. (D’s representative director; hereinafter “D”) and the instant officetel from August 29, 2017 to August 29, 2018, with respect to deposit deposit of KRW 5,000,000, monthly rent of KRW 450,00, monthly rent of KRW 450,00, and the period from August 30, 2017 to August 29, 2018.

At the time, the Plaintiff testified to the effect that, in order to have a right to lease on a deposit basis for the lease on a deposit basis for the non-party company’s future lease deposit, the Plaintiff: (a) signed a lease agreement with the non-party company on deposit basis; and (b) signed a written contract for establishing a right to lease on a deposit basis; (c) the first written contract for establishing a right to lease on a deposit basis (Evidence 4; 5; 7-3); (d) the witness F of the first written draft was written before the Plaintiff affixed the seal; and (e) the remainder was written after the Plaintiff signed and sealed the lease agreement with the non-party company. However, in light of the fact that it is difficult to obtain the right to lease on a deposit basis with the non-party company, it is difficult to clearly distinguish each of the above items from each of the first written proposals on the fifth written date.

After signing and sealing each other, the Plaintiff’s certificate of personal seal impression and resident registration certificate were issued to D.

C. On August 30, 2017, D entered into a lease agreement between the Defendant and the instant officetel on behalf of the Plaintiff (hereinafter “instant lease agreement”) with respect to security deposit for lease on behalf of the Plaintiff, between August 30, 2017 and August 29, 2019 (hereinafter “instant lease agreement”).

D On August 30, 2017, the Defendant wired 64,600,000 won out of 65,000,000 won to the Plaintiff’s account, and then D at the time of entering into the instant lease contract, the remainder of 400,000 won.