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(영문) 대구지방법원서부지원 2016.11.15 2015가단13847

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Basic Facts

The Defendant leased and operated a health room in the vicinity of the real estate indicated in the separate sheet owned by C (hereinafter “instant real estate”). From July 2014 to July 300, the instant real estate began to be leased from C to be used as the entrance of the health room. From August 2014 to December 2014, the Defendant paid that vehicle to C.

C received KRW 10 million from the Defendant on January 18, 2015, after having received a cashier’s check of KRW 15 million from the Defendant on January 2015, and then returned KRW 5 million on January 20, 2015, and received KRW 10 million on March 14, 2015, KRW 10 million on April 30, 2015, and KRW 100,000 on May 21, 2015. The Defendant lent KRW 2 million to the Defendant on June 1, 2015.

On June 15, 2015, the Plaintiff entered into a sales contract consisting of KRW 27 million for purchase price (hereinafter “instant sales contract”) with respect to the instant real estate and completed the registration of ownership transfer on June 19, 2015.

C paid 12 million won to the Defendant on June 19, 2015.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 4, and 5 (including branches number) and the assertion of the purport of the whole pleadings, as well as the purport of the whole pleadings, and the plaintiff of the judgment party asserted that C and the defendant are liable to deliver the real estate of this case to the plaintiff who is the owner of this case, on the ground that the lease contract of this case is terminated by deducting the amount of KRW 2 million from the loan of KRW 10 million,000,000,000 from the loan of KRW 10,000,000,000,000,000 won as of January 18, 2015.

On this issue, the defendant asserts as follows.

"Around January 18, 2015, the Defendant: (a) around January 18, 2015; (b) paid KRW 10 million on the same day; and (c) concluded a sales contract with the Defendant to pay the loans of the instant real estate as security by succeeding to the Defendant.

Accordingly, C.