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(영문) 대구지방법원영덕지원 2019.01.22 2018가단10437
건물명도(인도)
Text

1. Defendant C shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff's claim against the defendant B.

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “the instant building”) prepared a lease agreement (hereinafter “the lease agreement”) between Defendant C and the Defendant C, setting the monthly rent of KRW 500,000 (the condition that the Plaintiff pays KRW 6,000,000 to Defendant C in a lump sum) and the lease period as 12 months, respectively. (b) On January 28, 2015, the Plaintiff and the Defendant C, at Defendant C’s request, leased the instant building as 10,000,000 won and the lease period as 12 months, respectively.

“Written lease agreement (hereinafter “2015 lease agreement”) was written.

C. On January 23, 2018, the Plaintiff sold the instant building to D, and from that time, indicated that Defendant C had no intent to renew the lease agreement on the instant building. However, Defendant C asserted that he/she had a legitimate title to possess the instant building on the ground of the preparation of the lease agreement in 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 6 (including each number, if any), the party's personal examination result against defendant B, the purport of the whole pleadings

2. The party's assertion on the issue

A. On October 10, 2012, Defendant C leased the instant building from the Plaintiff on October 10, 2012, by lending the name of Defendant C to the Plaintiff as of October 10, 2012. Under the above lease agreement, the lessee is the Defendant C. 2) on October 10, 2012, Defendant B leased the instant building from the Plaintiff to run a spawn and dry fish sales business, and thereafter sublet the said building to Defendant C.

B. The meaning of the 2015 lease contract (Dispute II) 1 Plaintiff’s assertion is that Defendant C’s business registration is made.

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