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(영문) 서울중앙지방법원 2017.07.18 2016가단5305290
건물명도
Text

1. The Defendant shall issue an order to the Plaintiff for a building listed in the attached list, and shall also issue an order from October 25, 2014 to the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff completed the registration of initial ownership on September 30, 1997 with respect to No. 203 of the second floor of the building in the attached list in Seocho-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

B. On September 4, 2005, the Plaintiff entered into a lease agreement with the Defendant with the deposit money of KRW 100 million, monthly rent of KRW 1250,000,000, and the Defendant around that time paid the deposit money to the Plaintiff’s head of the Tong and paid the deposit money, and resided in the instant apartment.

C. The Plaintiff, who was delegated with the right to manage the instant apartment, received a letter of loan, around April 2010, from the Defendant, to pay KRW 55,000,000,000 for the outstanding monthly rent until the time after deducting the deposit for lease from the Defendant. Around June 30, 2013, a letter was issued to the Defendant to pay KRW 69,00,000 for the overdue rent up to July 4, 2013, which falls under the overdue rent until July 4, 2013.

D On October 24, 2014, on behalf of the Plaintiff, a notarial deed under a monetary loan agreement was issued to the Defendant on October 24, 2014, stating that “The Plaintiff lent KRW 49,000,000 to the Defendant on October 24, 2014, and the Defendant borrowed it, and the said borrowed amount will be repaid until April 30, 2015.”

D On October 27, 2014, on behalf of the Plaintiff, issued a letter to the Defendant that “The instant apartment is ordered to be issued by the notarial deeds (Evidence No. 466, 2014), prepared on October 24, 2014, in relation to the repayment of the smuggling rent, by means of a money loan agreement signed on October 24, 2014 (Evidence No. 466, 2014), and the Defendant will also issue an order until April 30, 2015.”

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant ordered the plaintiff to order the apartment of this case, and KRW 49,000,000, and October 25, 2014.

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