(영문) 서울서부지방법원 2019.01.08 2018가단225268

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(영문) 서울서부지방법원 2019.01.08 2018가단225268

건물명도(인도)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated 1, 2, 3. The annexed Form No. 1, 2, 3.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the attached list, and E is the Plaintiff’s son, and F is the Plaintiff’s son.

B. On March 21, 2017, between F and F, the Defendant and G entered into a lease agreement including the lease deposit amounting to KRW 80,00,00 and April 24, 2019 with respect to the lease of KRW 38.79 square meters on board (hereinafter “instant real estate”), which successively connects each point of the items of the attached drawing Nos. 1, 2, 3, 4, 5, 6, and 1 among the multi-storys of the real estate listed in the attached list, and between F and F, the lease agreement including the following special terms (hereinafter “instant lease agreement”). Under the instant lease agreement, the lessor is the Plaintiff, and F are written as the Plaintiff’s agent.

[Matters of special agreement] - Lease in the present facility condition - I deposit owner of the HB bank in the HB bank - The owner of the ownership transfer claim shall be the owner of the claim and all the liabilities for the contract shall be the claimant.

C. The Defendant paid a lease deposit to F, and has possessed the instant real estate up to now.

Meanwhile, on October 17, 2016, the Plaintiff filed a lawsuit seeking the delivery of the instant real estate against E and F, Doz., Dozin, Doz., and rendered a favorable judgment on March 23, 2018, and rendered a favorable judgment on the same year.

4. The lawsuit filed against the Plaintiff on January 26, 2017, which became final and conclusive on December 12, 201 (Seoul Western District Court 2016Kadan249826), E, and F, was all dismissed and finally finalized on April 26, 2018.

(Seoul Western District Court 2017Kahap30842, Seoul High Court 2017Na2048872, Supreme Court 2018Da209478). e.

On June 7, 2018, the Plaintiff sent to the Defendant a certificate of content of seeking the delivery of the instant real estate, and the Defendant sent a certificate of content of claiming the return of the lease deposit to the Plaintiff on or around the 12th of the same month.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5 (including paper numbers), Eul 1, 3, and 4, each entry, pleading.

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