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(영문) 수원지방법원 2020.12.03 2019가단574625
건물인도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the Appendix 2 list.

Reasons

1. Basic facts

A. On April 15, 2018, Nonparty D entered into a lease agreement with Defendant B, with the Plaintiff as lessor, lessor’s agent, and Defendant B as a lessee, with respect to the building E (hereinafter “instant building”) owned by the Plaintiff, Nonparty D entered into a lease agreement between KRW 8 million as to the lease deposit and the lease term from April 15, 2018 to April 15, 2019 with respect to the building E (hereinafter “instant building”).

B. On December 8, 2018, D concluded a lease agreement between Defendant C with respect to the lease deposit amount of KRW 8 million for the lease deposit and the lease deposit period from December 8, 2018 to January 27, 2020 for the building G of this case owned by the Plaintiff by designating the Plaintiff as the lessor, the lessor’s agent, and the Defendant C as the lessee.

C. The Defendants received delivery of each corresponding heading room according to each of the above lease contracts (hereinafter “each of the lease contracts of this case”) and reside in each corresponding heading room as of the date of the closing of argument.

D From around 2012, a person who agreed to pay approximately KRW 25-3 million to the owners of the building in this case for the monthly rent of every month and managed the building by delegation from the above owners. As such, when the building in this case was managed and the monthly rent was not paid to the owners due to the shortage of money in managing the building in this case, management expenses, living expenses, etc., the building in this case was deposited monthly to the owners, and the monthly rent was not paid to the owners. Thus, even though the owner did not have been delegated with the lease contract for the building in this case or was not delegated with the lease contract for the building in this case, the victims who are Korean nationals of Chinese nationality, by deceiving them from the owners of the building in this case, received money as the deposit money for the lease, received money from them, and received the money as the deposit money for the lease, and was sentenced to a judgment of three years and six months of imprisonment for the crime such as forging and exercising the lease contract for the building in this case, the appeal is still pending.

[Ground of recognition] A.

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