(영문) 서울중앙지방법원 2018.02.06 2016가단5148060

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.02.06 2016가단5148060

건물인도 등

Text

1. The Defendants and the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) are KRW 180,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. Defendant C is the mother of the Plaintiff, Defendant D and B, and the Plaintiff is a woman, Defendant D and Defendant B are prevented.

B. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant house”) and the Defendants currently occupy the instant house.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Under a party’s assertion and judgment thereon, we will also examine the principal lawsuit and counterclaim claims.

(1) The Plaintiff’s assertion (1) is the Plaintiff’s assertion that the Defendants were residing in the instant housing as the Plaintiff’s subparagraphs, and agreed to deliver the instant housing to the Plaintiff by June 26, 2015, but did not perform this, and they illegally occupy the instant housing without the right to occupy the instant housing until now.

Therefore, the Defendants are obligated to deliver the instant house to the Plaintiff, who is the owner of the instant house, and are obligated to pay the amount equivalent to the rent as unjust enrichment or damages.

(2) Of the Defendants’ assertion (A) of the counterclaims, Defendant D entered into a lease agreement with the Plaintiff on the instant house with respect to the simultaneous performance of the main claim and the main claim, and upon paying the Plaintiff a deposit of KRW 180 million, the instant house is occupied by the Plaintiff. Defendant C and B occupy the instant house with the consent of Defendant D.

Although the Plaintiff promised to return the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit to Defendant D until June 26, 2015, the deposit of the deposit

Therefore, the Plaintiff is obligated to pay KRW 180,000,000 to Defendant D the deposit amount of KRW 100,000,000. The Defendants simultaneously resist the Plaintiff’s claim for the delivery of the instant house.

(B) Of the counterclaim claim, Defendant D lent a total of KRW 180 million to the Plaintiff three times, which led to Defendant D’s lending the said loans to Defendant D.

유사 판례

-인천지방법원 부천지원 2017.01.11 2016가단107402

-서울동부지방법원 2018.02.01 2017가합107375

-대전지방법원 서산지원 2018.10.02 2018가단2891

-창원지방법원 2016.10.05 2016나52726

-서울중앙지방법원 2018.10.25 2018고단3606