(영문) 서울동부지방법원 2014.02.07 2012가단70914

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(영문) 서울동부지방법원 2014.02.07 2012가단70914

건물명도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On March 17, 2004, the Plaintiff asserted that: (a) purchased the instant unauthorized building from the Defendant Husband and wife; (b) delivered the down payment of KRW 10 million on the day of the contract; (c) the intermediate payment of KRW 6 million on March 31, 2004; and (d) the remainder of KRW 10 million on April 17, 2004.

At the time of the sale and purchase contract, the Defendants agreed to grant damages if an unauthorized building is demolished within two years, and set up a promissory note No. 26 million won per face value.

The Defendants requested the Plaintiff to reside in an unauthorized building on the remainder payment date, and the Plaintiff consented to the request and leased the Plaintiff to receive KRW 300,000 on a monthly basis.

The Defendants issued a certificate of personal seal impression to the Plaintiff on December 28, 2008 to change the name of the owner of an unauthorized building. On February 17, 2009, the Defendants changed the name of the owner of an unauthorized building to the Plaintiff.

The Defendants were settled as monthly rent between April 17, 2004 and February 16, 2009, a total of KRW 17.4 million paid to the Plaintiff. Ultimately, the Defendant couple did not pay monthly rent of KRW 300,000 from February 17, 2009 to February 16, 2009.

Accordingly, on December 7, 2012, the Plaintiff sent the notice of termination of the lease agreement to the Defendants, and the notice reached on the 10th of the same month. Accordingly, the lease agreement was terminated. The Defendants are obligated to deliver the instant unauthorized building to the Plaintiff and return the same KRW 300,000,000 for each month from February 17, 2009.

B. The Defendants asserted that they purchased an unauthorized building from D on January 17, 2004, but borrowed 15 million won from the Plaintiff on March 17, 2004 to repair boiler, electricity, etc., with interest rate of 2% per month. A promissory note No. 26 million won per face value and a real estate sales contract was made up as security.

Since then, as the Defendants failed to pay interest in time, the Plaintiff responded to changing the name of ownership of an unauthorized building.

2. Determination:

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