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(영문) 서울동부지방법원 2015.07.24 2014나8600
건물명도 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Claim:

Reasons

1.There is no dispute between the parties to the facts of recognition, or the following facts are acknowledged in full view of the overall purport of the arguments in Gap evidence 1 to 6, 8, Eul evidence 9, 10 (including, if any, branch numbers):

A. (1) The Plaintiff is the owner of the instant house.

(2) On September 27, 2007, the Plaintiff’s wife C (hereinafter “Plaintiff’s wife C”) and the Defendant’s wife D (hereinafter “Defendant’s wife D”) representing the Defendant entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the amount of KRW 25 million, which is KRW 25 million (the contract amount shall be paid at the time of the contract, and the remainder 2.5 million shall be paid at October 21, 2007), monthly rent of KRW 300,000,000 (hereinafter “instant lease agreement”) from October 21, 2007 to October 21, 2009.

(3) On the date of the conclusion of the instant lease agreement, Defendant D paid 2.5 million won down payment to the Plaintiff side C, and the Plaintiff side C received 2.5 million won as the instant lease agreement deposit as the Plaintiff’s agent, and issued the receipt to Defendant D.

(4) On the same day, Defendant D, as of September 28, 2007, has deposited KRW 2.5 million in the Plaintiff’s account. (3) On the same day, Defendant D, as of the date of the balance due to a contractual omission, shall make the said amount to the lessor as the date of the balance, and shall correct the contract.

b. The “statement” written on September 27, 2007 and delivered it to the Plaintiff C.

B. On October 19, 2007, the Defendant received a loan of KRW 17.5 million with the Plaintiff’s joint and several surety, and the said loan was deposited in the account in the name of the Plaintiff on the same day.

C. On October 21, 2007, the remaining payment date of the instant lease agreement, the Plaintiff’s Plaintiff’s agent received KRW 22.5 million of the remainder of the instant lease agreement, as the Plaintiff’s agent, and issued a receipt to Defendant D. The Plaintiff’s side C and the Defendant’s side agreed.

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