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(영문) 수원지방법원안양지원 2015.05.27 2015가단3554

건물명도

Text

1.(a)

Defendant B received KRW 30,000,000 from the Plaintiff and simultaneously entered in the attached list in the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 5, the Plaintiff entered into a lease contract with Defendant B by setting the lease deposit amount of KRW 330,000,000 as to the real estate listed in the separate sheet owned by him (hereinafter "the apartment of this case") as between February 27, 2012, and the lease deposit period from February 15, 2013 to February 15, 2015. Defendant B entered into the lease contract with the Plaintiff after Defendant B paid the entire lease deposit to the Plaintiff around that time, and entered into the move-in report of the apartment of this case with Defendant C, his spouse on February 15, 2013, and thereafter, the Plaintiff expressed his intention to refuse the renewal of the lease contract of this case to Defendant B on January 27, 2015. According to the above recognition agreement, the lease contract was terminated as of February 15, 2015.

Therefore, Defendant B, as a party to the above lease contract, is obligated to deliver the apartment of this case to the Plaintiff simultaneously with receiving KRW 330,000,000 from the Plaintiff as a party to the above lease contract, and Defendant C is obligated to deliver the apartment of this case to the Plaintiff.

2. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.