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(영문) 수원지방법원평택지원 2015.11.26 2014가단12466
건물명도
Text

1. The defendant shall receive KRW 10,000,000 from the plaintiff, and at the same time, shall be attached to the building stated in the attached Table from the plaintiff.

Reasons

1. Facts of recognition;

A. On September 30, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 10 million and the lease term of KRW 24 months as of September 30, 2013 with respect to the 1,2,3,4, and 101 m21.47 m2 (A) inside the ship (hereinafter “the instant studio”) connected each point in sequence among the buildings listed in the attached list owned by C and the Plaintiff, by setting the lease agreement as the lease term of KRW 1,00,000 and the lease term of KRW 24 months.

B. The instant lease agreement was concluded by C under the name of D, the Plaintiff’s birth, and the Defendant paid KRW 1 million to C on the day of the contract as the lease deposit, and remitted the remainder KRW 9 million to D’s account on the same day.

Since then, the defendant occupies the room of this case until now.

C. The studio of this case is part of 3 Dong buildings among 4 buildings in Ansan-si E (hereinafter “instant building”).

Of the instant buildings, GA, 2 Dong H, 3 Dong owned by the Plaintiff, and 4 Dong owned by D respectively.

(hereinafter referred to as the “owner of the instant building”) d.

From January 9, 2007, the building owners of this case conducted business registration for the housing rental business in the name of D, and run the housing rental business for 80 households (20 households per one unit) installed in the building of this case (20 households per one household). D, upon delegation from the building owners of this case for the management of the multi-household housing of this case located far away from their location, granted C the authority on the tenant color, the negotiation of terms and conditions of lease, the preparation of lease agreement, the receipt of rent and management expenses, etc.

E. Accordingly, C while residing in the instant building from the end of April 2007 to April 2014, and carrying the key to each unit of the instant building, and performing the duties of managing the building, such as cleaning and paying public imposts, in place of the building owner, C colored the lessee, prepared a lease contract, and received rent, management fee, etc.

(f).

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