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(영문) 춘천지방법원속초지원 2014.08.27 2013가단2957
건물명도 등
Text

1. The defendant points out of the building stated in the attached list to the plaintiff each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. The facts that the plaintiff is the owner of the building listed in the attached sheet, and the defendant is the owner of the building listed in the attached sheet (hereinafter "the building of this case"), among the buildings listed in the attached sheet in the attached sheet (hereinafter "the building of this case"), and the facts that the defendant successively connects each point of the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, and 1 among the buildings listed in the attached sheet (hereinafter "the building of this case"), but the "A" part of 189.18 square meters (hereinafter "the room of this case") in the ship does not conflict between the parties, or the whole purport of each entry and pleading in the attached sheet Nos. 1 through 3, and Nos. 4 through 8 (including the provisional number, hereinafter the same shall apply) are recognized. Accordingly, according to the above facts of recognition,

2. The defendant's assertion and judgment

A. The Defendant’s summary of the Defendant’s assertion is a lessee who entered into a lease agreement with B, the former owner of the instant building, on February 1, 2010, regarding the instant room, and thus, he/she cannot comply with the Plaintiff’s request until the deposit for lease is refunded from the Plaintiff.

B. In light of the following facts and circumstances, it can be seen that the Defendant entered into a lease agreement with B on the room of this case, and there is no other evidence to prove the Defendant’s assertion otherwise.

Therefore, the defendant's argument is without merit.

① The lease contract (No. 2-8) that the Defendant prepared between B and B, the former owner of the instant building, is regarding No. 309 among the instant room, and the date of its preparation is February 1, 2010.

However, when a lease contract is concluded, the lessee concludes the lease contract, and immediately pays the lease deposit, and obtains a fixed date of the lease contract by making a move-in report, and the Defendant made a move-in report on the resident registration as to the above 309 on March 15, 2010, which was about one month from February 1, 2010.

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