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(영문) 서울중앙지방법원 2016.08.18 2015가단5154099
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 75,000,000 to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 22, 1996, C, the father of the Plaintiff, completed the registration of ownership preservation on the instant building. On January 29, 2015, C, the Plaintiff completed the registration of ownership transfer based on the trust on the instant building on January 20, 2015.

B. Since July 6, 2000, C delegated E with the authority to conclude and manage the lease agreement on the whole of the instant building from around July 6, 2000 to E who operated the D Licensed Real Estate Agent Office.

C. On June 25, 2013, the Defendant entered into a lease agreement with E and the instant 203 with a deposit of KRW 75 million, the term of the lease from July 31, 2013 to July 30, 2015 (hereinafter “instant lease agreement”), and paid a deposit of KRW 75 million to E during the period from July 31, 2013, and received the instant KRW 203, and completed the move-in report on the said real estate on July 30, 2013.

E presented the letter of delegation (as to the building in this case, the "Delegation on behalf of the lease contract and the receipt of the deposit) and the certificate of seal impression in C, which was delivered to the Defendant from C at the time of concluding the lease contract in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 3, 5, and 6 (including the number with each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) C recovered the right to manage the instant building from E on May 2012, and there was no fact to delegate the right to conclude a contract to E at the time of concluding the instant lease agreement.

In addition, at the time of the conclusion of the instant lease agreement, the proxy form and certificate of personal seal impression under C was presented by the Defendant (as it is doubtful that the Defendant was presented with the certificate of personal seal impression, etc. on February 11, 201) and documents for which more than five years have passed since each date of preparation or issuance, and the certificate of personal seal impression affixed to the lessor’s column of the lease agreement at the time of conclusion of the said lease agreement is not a seal imprint.

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