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(영문) 창원지방법원마산지원 2015.05.14 2014가단12358
건물명도
Text

1. The defendant shall be the plaintiff.

A. At the same time, 14,100,000 won is paid from the Plaintiff, Gyeong-gun C, Gyeong-gun, Gyeong-gun, and 1.

Reasons

1. Facts of recognition;

A. On March 26, 2014, the Plaintiff completed the registration of ownership transfer on the instant building owned by D for reasons of sale on March 21, 2014.

B. On October 30, 2013, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to E and the instant building on behalf of D, setting the lease deposit of KRW 15 million, monthly rent of KRW 300,000 (payment on the last day of each month, prepaid), and the lease term from October 30, 2013 to September 30, 2014 (hereinafter “instant lease contract”). From that time, the Defendant is residing in the instant building and was filed a move-in report on December 5, 2013, and received a fixed date on December 6, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 10, Eul evidence 1, witness E's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant concluded a lease agreement with F without authority on the instant building and occupied the said building without title.

In addition, the plaintiff terminated the lease contract by serving a copy of the complaint of this case on the grounds of the defendant's delinquency in rent for more than two years.

Therefore, the Defendant shall deliver the instant building to the Plaintiff, and the Plaintiff shall pay 60,000 won per month the rent of other heading rooms from the date the Plaintiff acquired the ownership of the instant building to the date the delivery of the instant building is completed.

B. (1) According to the judgment on the Defendant’s claim for delivery of the instant building: (a) according to the Defendant’s written evidence No. 10, No. 10, and the witness E’s testimony and the purport of the entire pleadings, F was involved in the lease agreement of the instant building as the provisional disposition authority for the instant building at the time; and (b) the lessor’s column for the lease agreement of the instant building is recognized as the fact that F was written in addition to E

However, as seen earlier, at the time of October 30, 2013, the Defendant entered into a lease agreement with E representing D, the owner of the instant building. Therefore, F is the instant lease agreement.

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