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(영문) 서울남부지방법원 2014.04.23 2013가단23123
건물명도
Text

1. The defendant shall be the plaintiff.

A. To deliver the buildings listed in the separate sheet, and from April 28, 2013 to the completion date of the above delivery.

Reasons

1. Basic facts

A. On June 12, 2001, the Plaintiff leased to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) as the lease deposit amount of KRW 50 million, monthly rent of KRW 700,000 (the 26th day of the payment date), and the period from July 26, 2001, respectively, for a period of 24 months from July 26, 2001.

(hereinafter “instant lease agreement.” From August 27, 2001, the Defendant paid KRW 700,000 from around August 27, 2001 to the bank account in the Plaintiff’s name (Account Number D, the said account is the same as the Korea Light Bank E account indicated in the instant lease agreement) in its own name.

B. At the time of the instant lease agreement, Nonparty F (the Defendant and F were married on September 9, 192) who is the Defendant’s wife at the time of the instant lease agreement, entered into a lease agreement on behalf of the Defendant, on behalf of the Defendant, Nonparty F (the Defendant and F are currently divorced from F, but the family and marriage relation certificate are still stated as being married on the family and marriage relation certificate, and the resident registration card also entered as being residing together with the instant real estate). However, the lease agreement (Evidence A 2) only puts the Defendant’s seal previously kept by F on the Defendant’s name,

C. Meanwhile, upon F’s request, the Plaintiff loaned KRW 1.5% per month (225,00 per month) at the interest rate of KRW 1.5% per month (25,000 per month), ② at the interest rate of KRW 15 million on October 27, 2001 (30,000 per month), ③ on April 28, 2005, KRW 10,000 per month was set at the interest rate of KRW 1.5% per month (150,00 per month).

(2) At the time of each of the instant lending contracts, F, at the time of each of the instant lending contracts, directly recorded the Defendant’s name in the loan certificate, affixed the Defendant’s name on the loan certificate, affixed the Defendant’s seal affixed thereto, and then delivered it to the Plaintiff. However, the stamp image affixed on each of the loan certificates is similar to that affixed on the instant lease agreement (No. 2).

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