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(영문) 울산지방법원 2017.07.12 2017가단1393
건물명도
Text

1. The Defendant shall order the Plaintiff to order the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Indication of claim: To seek a name map from the defendant who possesses the above building, the plaintiff, the owner of the building indicated in the attached list, based on the ownership of the building;

2. Grounds for recognition: Each entry in the evidence of subparagraphs A1 through 4, and the purport of the whole pleadings;

3. Judgment on the defendant's assertion: The rejection of the security deposit must be performed simultaneously with the refund thereof.

The defendant asserts that, on October 31, 2014, the building may not be clarified until receiving the refund of the deposit, since he/she leased the deposit of KRW 16 million from C, the lease period from October 31, 2014 to October 30, 2016, and he/she completed the move-in report on October 30, 2014 and duly resides therein.

However, there is no evidence that the Defendant actually paid deposit of KRW 16 million to C, and in light of the written statement submitted by C to this court [A 3] by C, the above assertion by the Defendant is difficult to recognize the same as its own.

The defendant's above assertion is not accepted.

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