logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.01.30 2014가단10587
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. Around November 15, 2012, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), a lease agreement in which the following main contents were entered was made.

A lessor: A lease contract period of 30,000 won: From November 26, 2012 to November 25, 2014

B. The Plaintiff paid KRW 30 million to C as a security deposit around the time when the above lease contract was prepared.

C. Meanwhile, at the time of the preparation of the above lease contract, the defendant occupied and used the real estate of this case with the permission from the plaintiff, and has been occupying and using it up to now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-4, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that, while leasing the instant real estate from C, the Plaintiff concluded a loan for use with the Defendant, and made the Defendant use the instant real estate free of charge, and that, around March 29, 2014, the Plaintiff terminated the loan for use by serving the copy of the complaint of this case, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

On this issue, the defendant asserts that since the defendant is a bad credit holder, the tenant of the above lease contract was merely the plaintiff, and the lease deposit under the above lease contract was paid from the defendant's money deposited in the account in the name of the plaintiff, the tenant of the above lease contract is the defendant.

B. First of all, the determination on the cause of the claim is the question of who is the lessee under the instant lease agreement. As recognized earlier, in light of the fact that the Plaintiff stated in the said lease agreement as a lessee and that the person who paid the rental deposit is the Plaintiff, the person who leased the instant real estate from C at the time of preparing the said lease agreement shall be deemed to be the Plaintiff, while the said lease agreement on November 25, 2014.

arrow