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(영문) 울산지방법원 2019.06.19 2018가단14631

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 96.13 square meters among the real estate listed in the attached list;

B. From October 16, 2017

Reasons

1. Facts of recognition;

A. On November 18, 2016, the Plaintiff completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

On October 25, 2016, the Plaintiff received the registration of ownership transfer from C and two other co-owners (each co-owner’s shares 1/3), as to the building site of the instant case, Ulsan-gu, Ulsan-gu, 195.8 square meters (hereinafter “instant building site”).

B. On November 15, 2016, the Plaintiff: (a) with respect to the second floor 93.13 square meters (E; hereinafter “the instant leased object”) of the instant building (hereinafter “the instant leased object”), the lessor “Plaintiff”; (b) the lessee “Defendant”; (c) the lease term “from November 15, 2016 to November 14, 2018”; (d) the lease deposit amount of KRW 20,000,000 (contract deposit of KRW 2,00,000,000 at the time of the contract; and (d) the remainder of KRW 18,000,000 (payment on November 15, 2016), monthly rent of KRW 40,000 (payment on the 15th day of each month); and (b) the lease contract may be immediately terminated if the amount of the rent in arrears of the lessee falls under the amount of two (2) years; and (c) the lessor may recover the said real property from the lease.

Article 5 (Special Provisions of Article 5), etc., "A," No. 1, hereinafter referred to as "the lease contract of this case".

(C) The Defendant is residing in the leased object of this case from around that time. D. The Defendant did not pay to the Plaintiff the monthly rent under the instant lease agreement from October 16, 2017 to the time the closing date of the argument in this case. The Defendant occupied and used the leased object of this case. [The entry of the evidence Nos. 1 to 3, based on the recognition, and the purport of the entire pleadings.]

2. Determination

A. First of all, we examine whether “Plaintiff”, a prior dispute to the instant case, constitutes “leased” who leased the instant building to the Defendant.

When the authenticity of a disposal document is recognized, the existence and contents of the declaration of intention indicated in the document can be denied.