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(영문) 서울서부지방법원 2019.04.10 2018가단225275
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 90,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On November 1, 1984, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase with respect to the Mapo-gu Seoul Metropolitan Government Dabu 155 square meters, and completed the registration of ownership transfer on July 19, 1994 as to the building [the multi-story multi-household house (six households) multi-story house; hereinafter “instant building”).

B. The Defendant occupies the portion of 37.63 square meters in a ship which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 among the 1st floor of the building listed in the attached Table list (hereinafter “instant room”).

C. As to the room of this case, the following lease contract has been prepared:

1) On May 14, 2003, the Plaintiff’s name was written on May 14, 2003, 50 million won, 50 million won for lease deposit, 24 months from May 14, 2003, 200; and 2) the Plaintiff’s name was written on February 1, 2005, 2000 won for lease deposit, 50 million won for lease deposit, 24 months from May 14, 2003; 3) the Plaintiff’s name was written on May 14, 2009, with the Plaintiff’s seal affixed thereto, and the Plaintiff’s name was written on May 14, 2009 (the Plaintiff’s seal affixed thereto); the Plaintiff’s name was written on May 14, 2009; the Plaintiff’s name was written on the Plaintiff’s seal affixed thereto; the Plaintiff’s name was written on May 16, 2001; and the Plaintiff’s seal affixed thereto.

D. After the lease agreement dated May 14, 2009, the Defendant transferred KRW 20 million to the Plaintiff’s F Bank account on May 20, 2009, the Defendant stated that “B (Defendant)” was stated in the column as the remitter of the certificate of confirmation.

On the other hand, the defendant is on the day of the lease agreement dated June 7, 2011.

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