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(영문) 부산지방법원동부지원 2017.04.12 2016가단2859
건물명도등
Text

1. Defendant F is against the Plaintiffs:

(a)in respect of the buildings listed in the separate sheet, the specifications indicated in the separate sheet are indicated in 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11.

Reasons

1. Basic facts

A. Defendant F concluded a lease agreement on the instant real estate with H on behalf of the Plaintiffs around January 17, 2014, and the Defendants were residing in the instant real estate from that time.

B. From January 2014, Defendant F was an employee in charge of m&D Co., Ltd. (hereinafter “SP”)’s I.

H is the wife of Plaintiff A, the mother of Plaintiff B, C, and D.

C. From March 20, 2014 to June 20, 2014, KRW 1.2 million was transferred from the Nonparty Company’s account to Plaintiff B or D’s account; KRW 800,000 per month from July 4, 2014 to May 21, 2015 (divided into KRW 600,000 and KRW 200,000 per month); and KRW 200,00 on June 22, 2015.

On the other hand, separate accounts of Plaintiff B or D were transferred from December 4, 2013 to March 4, 2014, and KRW 900,000 per month from April 4, 2014 to June 12, 2014.

E. On July 21, 2014, Plaintiff D’s account was remitted from Nonparty Company’s account to Plaintiff D’s account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 12, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) around January 2014, without a deposit for lease with Defendant F, the Plaintiffs entered into a lease agreement with Defendant F to set the monthly rent of KRW 1.2 million and the lease term of KRW 24 months. (2) Defendant F paid monthly rent of KRW 1.2 million until June 2014, and KRW 8 million thereafter.

3. In lieu of the payment of the lease deposit for the instant real estate at H’s request, the Defendants’ assertion that Defendant F invested KRW 40 million in the name of Plaintiff D in the non-party company is not true, but the above KRW 40 million is irrelevant to the lease deposit, and Defendant F voluntarily invested in the non-party company.

Defendant F transferred from the Non-Party Company’s account to Plaintiff D’s account on July 21, 2014.

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