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(영문) 광주지방법원 2016.11.10 2016가단19294
건물명도
Text

1.(a)

Defendant A shall deliver to Defendant B the real estate listed in the attached Table to Defendant B’s vice house.

(b) the defendant.

Reasons

1. Determination as to the claim against Defendant A

(a) Grounds for claims: as shown in the annexed sheet of grounds for claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant Non-permanent Housing Co., Ltd. (hereinafter “Defendant Non-permanent Housing”).

A. According to the above facts as to the cause of the claim, the above defendant is obligated to pay KRW 31,270,000 to the plaintiff at the same time as the delivery of the real estate of this case from the defendant A.

B. On July 14, 2014, the Defendant first asserted that: (a) the Defendant received the claim attachment and collection order against the amount until it reaches KRW 38,914,974, out of the claim to return the lease deposit of this case; (b) the Defendant served the Defendant with the fixed date of assignment; and (c) the notification of assignment with the fixed date of assignment to the Plaintiff reached the Defendant on May 4, 2016, it could not respond to the Plaintiff’s claim lower than the above seizure.

Comprehensively taking account of the overall purport of the statements and arguments made by evidence Nos. 1, 3, and 7, Defendant A entered into a lease agreement with Defendant father-young around February 201 with respect to the instant real estate as KRW 29,790,00, KRW 119,100, KRW 100, KRW 100, and KRW 109,000 from February 20, 2010 to February 19, 201, Defendant A transferred the said lease deposit to the Plaintiff on February 18, 2010, KRW 28,930,000, KRW 28,000, and KRW 30,000 from the above lease deposit to the Plaintiff by content-certified mail; Defendant A notified the transfer of the transfer deposit to the Plaintiff on March 22, 201 as KRW 31,00, KRW 270,000, KRW 310,201, as so notified.

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