beta
(영문) 서울남부지방법원 2014.10.16 2014나6034

건물명도

Text

1. Of the judgment of the first instance, to the Plaintiff (Counterclaim Defendant) against the Defendant-Counterclaim Plaintiff:

(a) the buildings listed in the separate sheet;

Reasons

1. Basic facts

A. On June 12, 2001, the Plaintiff leased to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) as the lease deposit amount of KRW 50 million, monthly rent of KRW 700,000 (the 26th day of the payment date), and the period from July 26, 2001, as the period of KRW 24 months.

(hereinafter “instant lease agreement.” From August 27, 2001, the Defendant paid KRW 700,000 from around August 27, 2001 to the bank account in the Plaintiff’s name (Account Number D, the said account is the same as the Korea Light Bank E account indicated in the instant lease agreement) in its own name.

B. At the time of the instant lease agreement, Nonparty F, the Defendant’s wife, entered into a lease agreement on behalf of the Defendant on behalf of the Defendant, but the lease agreement (Evidence A2) only affixed the Defendant’s seal that F had been kept in advance on the name of the Defendant, and did not separately state the matters concerning the agent.

C. Meanwhile, upon F’s request, the Plaintiff loaned KRW 1.5% per month (225,00 per month) at the interest rate of KRW 1.5% per month (25,000 per month), ② at the interest rate of KRW 15 million on October 27, 2001 (30,000 per month), ③ on April 28, 2005, KRW 10,000 per month was set at the interest rate of KRW 1.5% per month (150,00 per month).

(2) At the time of each of the lending contracts of this case, F, when preparing a loan certificate under the name of the Defendant, entered the name of the Defendant in the loan certificate, affixed the Defendant’s prior seal affixed thereto, and then delivered it to the Plaintiff. While each of the loan certificates appears to be considerably similar to the seal affixed on the loan agreement of this case (No. 2), only the seal affixed on the loan certificate of October 27, 2001 (No. 4-2), affixed on the loan certificate of this case, is the same as the seal affixed on the loan agreement of this case, and the remaining seal affixed on the loan certificate of April 28, 2005 (No. 4-1, 3) are different.