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(영문) 인천지방법원 2016.06.14 2015가단45948

건물명도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an owner on the registry that completed the registration of ownership transfer with respect to the real estate listed in the separate sheet on October 14, 2009 (hereinafter “instant real estate”).

B. 1) On November 9, 2009, the Defendant, via Nonparty C and D, the Plaintiff’s agent, determined the lease agreement (hereinafter “instant lease agreement”) as the lease deposit amount of KRW 21,00,000 (contract amount of KRW 2,000,000, the remainder of KRW 19,000,000), from December 5, 2009 to December 4, 201 (hereinafter “instant lease agreement”).

2) Around October 8, 2009, the Plaintiff’s letter of delegation was prepared, and the Plaintiff’s certificate of personal seal impression and the copy of the Plaintiff’s resident registration certificate was attached, and the Defendant confirmed it at the time of the instant lease agreement and entered into the instant lease agreement.

C. Each receipt that D and C received KRW 2,00,000 from the lease deposit on November 9, 2009 as “the Plaintiff’s agent,” and each receipt that C received the remainder of KRW 19,000,000 on December 17, 2009.

On December 31, 2009, the defendant obtained a fixed date in the instant lease agreement, and completed the move-in report to the domicile of the real estate in this case on the same day.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 5, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff entered into the instant lease agreement with the Defendant via C and D, which is the Plaintiff’s agent, and the Defendant paid only KRW 21,00,000,000 among the lease deposit amounting to KRW 21,000,000,000, and did not pay any balance, and thus, the Plaintiff illegally occupied the instant real estate without any legal cause since December 5, 2009, notwithstanding the termination of the contract, and thus, the Defendant received KRW 2,00,000 from the Plaintiff and delivered the instant real estate at the same time, and from December 5, 2009.