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(영문) 울산지방법원 2019.12.12 2019가합728
부동산명도
Text

1. Defendant C received KRW 30,000,000 from the Plaintiff, and at the same time, stated in attached Table 1 to the Plaintiff.

Reasons

1. Basic facts

A. On January 3, 2017, the Plaintiff entered into a lease agreement with Defendant C to lease the instant real estate No. 1 owned by the Plaintiff (hereinafter “instant lease agreement”) with each of the fixed terms from January 3, 2017 to February 28, 2019, respectively, from January 3, 2017 to February 28, 2019.

Defendant C paid the deposit to the Plaintiff around that time, and received the delivery of the instant real estate No. 1.

B. In addition, on February 28, 2017, the Plaintiff entered into a lease agreement with the Defendants to lease the instant real estate title 2, 30,000,000, monthly rent of KRW 400,000, and from March 1, 2017 to February 28, 2019, with the term of lease from March 1, 2017. The Defendants, on February 28, 2019, concluded a lease agreement with each of the instant real estate title 2, 30,00,000 (hereinafter “instant lease agreement”).

The Defendants paid the deposit to the Plaintiff around that time, and received the delivery of the instant 2 and 3 real estate.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. On January 3, 2017, the Plaintiff concluded a lease agreement with the Defendants to lease the instant real estate No. 1, and the instant Defendants Nos. 2 and 3 on February 28, 2017. Since each of the above lease agreements expired on February 28, 2019, the Defendants asserted that the Defendants are obligated to deliver each of the instant real estate to the Plaintiff.

On January 3, 2017, the Plaintiff entered into the instant lease agreement with Defendant C with respect to the instant real estate No. 1; and on February 28, 2017, the fact that the Plaintiff entered into the instant lease agreement with the Defendants on the instant real estate Nos. 2 and 3 as well as the instant lease agreement with the Defendants on February 28, 2017 is as acknowledged earlier. Therefore, each of the instant agreements is as follows, barring any other special circumstances.

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