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(영문) 대전지방법원 2015.12.22 2015가단14799
건물명도
Text

1. The defendant, among the buildings listed in the attached list, marks 13, 4, 5, 6, 7, 8, and 13 of the attached list among the buildings listed in the attached list, are given in sequence.

Reasons

1. Basic facts

A. The Defendant owns a cement tank and a 387 square meter and its ground building in Daejeon-gu, Daejeon-gu, Daejeon-gu, and a wooden pole and a 38.76 square meter and a 38.52 square meter and a 38.52 square meter and a 87 square meter and a 222 square meter in a wooden pole and a 222 square meter in which the cement block is a single-story house and a 38.52 square meter in a cement block, and the current status is a 87 square meter and a 87 square meter in a cement brick structure and a 22 square meter in a wooden pole where the roof is removed)

(hereinafter referred to as “instant land” and “instant building” (b)

When an auction procedure was conducted for the purpose of the instant land and building around the summer 2012, the Defendant borrowed KRW 10,000,000 from the Plaintiff on August 7, 2012 and withdrawn the auction procedure with each of the above money on the same day as the 14th day of August 2012, and then substituted for the payment of the lease deposit for the instant building with the borrowed money, thereby making an oral agreement with the Plaintiff to conclude the lease contract for the instant building in lieu of the said borrowed money, and preparing documents to the Plaintiff that received KRW 10,00,000 for each of the lease deposit and the deposit for the lease on the instant building on the said date.

C. From September 2012, the Defendant continued to perform construction to extend or rebuild the housing portion of the instant building as materials, such as sandd position panels, etc. The Plaintiff completed the move-in report on January 14, 2013 and began to live in the instant building from the end of March 2013. The Defendant started to live in the instant building from the end of February 8, 2013 after completing the move-in report on February 8, 2013.

(The respective parts possessed by the plaintiff and the defendant are as shown in the attached Form).

The Plaintiff and the Defendant are as follows.

From August 2013, when clarifying the terms of the lease agreement on the building of this case agreed orally as stated in the subsection, the following lease agreement was prepared around August 2013:

(hereinafter) The lease contract on the instant building concluded between the Plaintiff and the Defendant (hereinafter “instant lease contract”). approximately 40 square meters and the site of the building area in Jung-gu, Daejeon, where real estate is indicated.

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