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(영문) 인천지방법원 2018.08.31 2017가단42288
건물명도등
Text

1. The defendant points out of the second floor of the real estate stated in the attached list to the plaintiff, as indicated in the attached list, (1), (2), (3), and (4).

Reasons

1. On July 22, 2015, the Plaintiff asserts that since the Defendant’s lease contract was terminated due to the Defendant’s failure to pay rent of KRW 3,50,000 from September 2017, the instant real estate, which is the leased object, as the leased object, should be handed over to the Plaintiff.

The defendant asserts that the plaintiff's assertion is improper since he leased the real estate of this case from the non-party C and transferred it to the account in cash directly or in cash.

2. Determination Gap's evidence Nos. 1, 3, 6, and 7 comprehensively based on the purport of the entire pleadings, i.e., the following circumstances: ① the plaintiff is the owner who completed the registration of ownership transfer on February 14, 2007 with respect to real estate stated in the separate sheet; ② the defendant is unaware of the plaintiff; however, the defendant remitted the plaintiff's account to the plaintiff; KRW 350,000 won on March 27, 2017; KRW 350,000 on April 27, 2017; and KRW 350,000 on July 23, 2017; ③ the defendant alleged that he/she entered into a lease agreement with the non-party C, but the plaintiff did not submit as evidence a written contract to recognize it; ④ The plaintiff's assertion that there was no real estate bond, deposit money, rent 350,00 won on July 22, 2015 [this case's loan No. 320000, TV.

3. According to the conclusion, since the defendant is obligated to deliver the real estate of this case to the plaintiff, the plaintiff's claim is justified and it is so decided as per Disposition.

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