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(영문) 창원지방법원 2019.05.16 2018가단119288

건물명도(인도)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s lease 1) The Plaintiff’s real estate stated in the attached Form (hereinafter “instant officetel”).

(2) On April 12, 2011, the Plaintiff entered into a lease agreement with D and E with respect to the instant officetel from April 12, 201 to April 12, 201, providing a deposit of KRW 5 million, monthly rent of KRW 700,000 (paid on April 12, 201), and the period from April 12, 201 to April 12, 2012.

3) According to the above lease agreement, monthly rent is the G’s account (H association I; hereinafter “instant account”).

B. On January 27, 2013, Defendant B drafted a lease agreement from January 29, 2013 to January 28, 2014, with respect to the instant officetel at the E-Operational Real Estate Brokerage Office, the lessor, the deposit amount of KRW 45 million, the rent of KRW 350,000 (each 29th of January), and the period from January 29, 2013 to January 28, 2014.

2) Defendant B deposited the deposit and tea with the J’s account (HAK) designated by E. The J is E’s father. C. The Plaintiff’s receipt of the Plaintiff’s rent received KRW 700,000 from April 12, 201 to June 21, 2016 as the monthly transfer of KRW 700,000 per month from April 12, 201 to the instant account (other than January 2014). The instant account is indicated as D in the name of the remitter of the rent. D. E, while operating the F Real Estate Brokerage Office, E was designated as a crime by acquiring the deposit from each of the sectional owners of Mtel Lytel located in Chang-gu, Changsi-gu, Busan, by means of acquiring the deposit from the lessee.

2) Of the facts of the instant crime, the Defendants’ suspicion of fraud against Defendant B is also included. E. The Plaintiff knew that Defendant B’s wife and Defendant C were residing in the instant officetel, not D, by content-certified mail around October 2, 2018, and requested Defendant C and Defendant C’s father N transfer of the instant officetel by reason of content-certified mail.

2. The Defendants are the Plaintiff around November 19, 2018.