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(영문) 서울서부지방법원 2018.12.20 2017나4120
건물명도(인도)
Text

1. Of the part of the judgment of the court of first instance, the payment order against the Defendant in excess of KRW 12,964,285 is ordered.

Reasons

1. Facts of recognition;

A. On September 7, 2016, the Defendant, along with B employees of the F Licensed Real Estate Agent Office who performed the instant real estate leasing business, opened real estate indicated in the attached list owned by the Plaintiff (hereinafter “instant real estate”). On September 9, 2016, the Defendant asked the place where the keys is kept to B, and carried out some of the instant real estate after cleaning the instant real estate, and entered the instant real estate on September 12, 2016.

B. On September 19, 2016, at the above Licensed Real Estate Agent Office (hereinafter “Nonindicted Foundation”), the Defendant drafted a lease agreement with the term of 50,000,000 won for the instant real estate under the name of the Incorporated Real Estate Agent Office (hereinafter “Nonindicted Foundation”), 5,50,000 won for the following month (prepaid payment as of the end of each month), and the term of lease from October 31, 2016 to October 30, 2017.

(hereinafter “instant lease agreement”). C.

The Plaintiff was paid the down payment of KRW 5,00,000 among the lease deposit, and the remainder KRW 45,00,000,000 was agreed to receive the payment on September 30, 2016 (the Defendant asserted that it is a clerical error as of October 31, 2016, but no evidence to recognize it exists). However, the Plaintiff did not receive any balance for the start of the lease term.

Accordingly, on November 2, 2016, the Defendant requested the postponement of the payment date of the remainder, and transferred KRW 5,500,000 to the Plaintiff in the name of the non-party foundation.

On November 5, 2016, the Defendant brought an additional volume of the instant real estate on November 5, 2016, and, on November 8, 2016, ordered B to pay the U.S. bills or U.S. checks as the remainder of the lease deposit, but refused, and returned the key of the instant real estate.

However, on November 13, 2016 and December 25, 2016, the Defendant entered the instant real estate and placed his or her own goods on the entire real estate of this case by using the reproduced keys.

E. The Defendant, on November 11, 2016, stated that “if the Plaintiff was unable to make the remainder of the lease deposit, it would have paid the deposit in full and implement it in accordance with the terms of the contract by November 30, 201.”

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