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(영문) 서울중앙지방법원 2014.10.02 2014가단6051

건물명도

Text

1. The defendant shall deliver the plaintiff No. 2, 1, Seongbuk-gu, Seoul, to the plaintiff.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. On April 10, 2003, the Plaintiff purchased the building indicated in the order of its ownership (hereinafter “instant housing”) from D on April 10, 200, in the name of E’s mother F, with KRW 120 million, the Plaintiff agreed to be transferred to one person who wishes to be the Plaintiff when paying the remainder.

B. On April 11, 2003, G purchased the right to move into the 33th square reconstruction apartment due to the removal of the house from the I real estate in the name of husband, H, and the ownership of the house to be removed was transferred at the time of payment of the remainder.

C. On April 27, 2003, the Plaintiff sold the right to move into 33 square-type reconstruction apartment, each of 57 million won, which may arise from the removal of 4 households, such as the instant house, among 8 households of apartment houses, including the instant housing, to the I real estate.

The Plaintiff had D transfer the name of the instant housing to G, and I real estate purchased the occupancy right generated in connection with the instant housing, and the transfer registration for the instant housing was completed on May 28, 2003 in the future on April 28, 2003 on the instant housing.

However, as seen earlier, G merely purchased the right to move in and did not purchase the house itself, and at the end of April 2003, G issued to the Plaintiff a power of delegation, certificate of personal seal impression, etc. concerning the lease contract through I real estate.

E. The Plaintiff entered into a lease agreement on behalf of G with the Defendant, who was later on September 15, 2004, on behalf of G by means of the foregoing documents, which was received in advance from G, with a false agreement with the Defendant, which was later on September 15, 2004, with respect to the instant housing, and from October 20, 2004 to October 20, 2006, and the Defendant actually had the Defendant reside free of charge in the instant housing from around that time.

(f) On the ground that G did not have delegated a lease agreement to the Plaintiff, G filed a claim against the Defendant for delivery of the instant house, etc.