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(영문) 서울중앙지방법원 2017.08.29 2016가단61120
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall draw up to the Plaintiff (Counterclaim Defendant) an annex map of 150.30 square meters on the fourth floor of the building indicated in the attached list.

Reasons

A principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiffs are co-owners of the real estate listed in the attached list (hereinafter "the building of this case"). The defendant is "No more than 401m2 in the ship which connects each point of 13, 24, 23, 22, 11, 12, and 13 on the fourth floor of the building of this case and "No more than 401m2 in the ship which connects each point of 13, 24, 23,

person in possession of such person.

B. The Plaintiffs entrusted D with the authority to rent and manage the instant building, and from February 2012, the Plaintiffs employed E through D and had them take charge of the management of the instant building.

C. E forged a power of attorney under the name of Plaintiff A using the seal affixed by the Plaintiffs in the management office. On March 1, 2014, the Plaintiff’s photographed the copy of the copy of the Plaintiff’s resident registration certificate, which was not the original copy of the Plaintiff’s resident registration certificate, and asserted that the Plaintiff himself/herself was A and as a broker of F, his/her father, the Defendant’s father, and the instant 401, the lease deposit amount of KRW 50 million for the instant 401, and the lease period of KRW 50 million for the instant 401 between March 15, 2014 and March 15, 2016.

D. G remitted the sum of KRW 5,00,000, total of KRW 5,000,000 on March 1, 2014, in the Plaintiff’s bank account (H) under the Plaintiff’s name, which was known to E as the down payment under the said lease contract, and the remainder was paid directly to E by cashier’s checks, etc. around March 15, 2014. E. The monthly rent referred to in the instant 401 is KRW 50,000 in the absence of a deposit. [based on recognition] fact that there is no dispute, Party A 1 through 9 (including each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiffs asserted that they did not delegate their right to lease the instant 401 to E, and the defendant did not pay the lease deposit to the plaintiff.

Therefore, the defendant does not have the right to possess the above 401. Thus, the above 401.

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