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(영문) 대전지방법원홍성지원 2017.12.12 2017가단3161
건물명도(인도)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to each of the instant loans, the registration of ownership transfer in the name of the Plaintiff was completed on December 21, 2015, and the registration of ownership transfer was completed on March 30, 2016 on the ground that “the sale on February 19, 2016” was “the sale on March 30, 2016,” respectively, and ③ the registration of ownership transfer was completed on the ground that “the trust on March 30, 2016” was “the trust on March 30, 2016.”

B. On the other hand, on June 23, 2016, the Plaintiff drafted to the Defendant the power of attorney with the following contents (hereinafter “instant power of attorney”).

The power of attorney (Plaintiff) will delegate all of the powers (sale and lease) to E-B to the 29 households of the D urban residential housing in Hong-gun, Hong-gun, Hong-gun.

Provided, That the sale and lease price shall proceed in consultation with the plaintiff, and the plaintiff shall be fully responsible for the defects of the building.

The defendant shall manage D comprehensively, and the plaintiff shall pay each of the loans of this case to the defendant.

In addition, as to each of the loans of this case, the plaintiff promises not to discuss any of the grounds (legal work) and promises to actively cooperate in the progress of the above matters.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 7, and 8, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The phrase “the cycle” as indicated in the letter of delegation of this case refers to “a lease to the Defendant.” The term, around June 2016, between the Plaintiff and the Defendant, shall be KRW 30 million, and KRW 800,000 per month, and the rent shall be KRW 10,000 per month, and the Defendant shall be the Defendant shall bear the expenses, etc. imposed on each of the loans of this case (hereinafter “instant lease agreement”).

This was concluded.

Since the Defendant did not pay the cost of replacing KRW 800,000 per month for at least two months, the Plaintiff cancelled the instant lease agreement. Thus, each of the instant lending loans to the Defendant and the Defendant’s wife.

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