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(영문) 광주지방법원 2016.07.19 2016가단2432
건물명도
Text

1. The Defendants are to the Plaintiff:

(a) Each point of the attached Form 2, 3, 7, 6, and 2 of the second floor of the building indicated in the attached Form.

Reasons

1. Basic facts

A. On September 2, 2014, the Plaintiff entered into a lease agreement with Defendant C on the terms of KRW 2,3,7,6, and 30,000 (the payment date: the 10th day of each month) for the part on the ship (b) and the part (3,4,8,7, and 3 of the ground plan indicated in the attached Table and the part (c) and 3,4,8,7, and 3 of the land plan attached hereto, which successively connected each point (hereinafter “instant part”) among the two floors of the building indicated in the attached Table with Defendant C, with each other, with each point in sequence.

At the time, Defendant C introduced the Plaintiff as the wife of Defendant B, and prepared a lease contract with the lessee’s name as Defendant B.

(A) Evidence No. 1, and Protocol of First Pleadings

The Defendants lived in the instant room (the fact that there is no dispute - see the reply of February 24, 16), and the monthly rent from September 201 to November 1, 2014, immediately after the conclusion of the lease agreement, was deposited to the Plaintiff in the name of Defendant B.

(A) No. 3-1, 2). (c)

At the present room of this case, the defendants' scam as it is (No. 4-1 to 4) and the monthly rent from August 10, 2015 is not paid.

(C) The fact that there is no dispute over the ground for recognition. 【No dispute over the ground for recognition, Gap Nos. 1, 3, and 4 (including all types of numbers), the purport of the whole pleadings.

2. Grounds for recognition as to defendant C: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Claim against the defendant B

A. According to the facts of recognition of the above request for evacuation of the room of this case, it can be recognized that the defendant occupied the room of this case by placing C's goods living with himself/herself and himself/herself in the room of this case. Thus, the defendant is obliged to order the plaintiff to do so.

Although the Defendant asserted that the instant room had already been ordered to the Plaintiff, it is difficult to accept the said assertion in light of the facts acknowledged earlier, and there is no other evidence to acknowledge it otherwise.

B. The claim for rent against the room of this case was made.

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