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(영문) 서울남부지방법원 2019.05.31 2018나61350

건물인도

Text

The judgment of the first instance shall be revoked.

2. The counterclaim Defendant shall deliver to the counterclaim the real estate listed in the separate sheet.

3...

Reasons

1. Basic facts

A. On May 31, 2001, the counterclaim Defendant entered into a lease agreement with E to lease KRW 95,000,000 (the contract amounting to KRW 15,000,000 on July 31, 2001; the intermediate payment of KRW 60,000,000 on each payment on August 31, 2001; the remainder of KRW 20,000,000 on each payment on August 30, 200); the lease period from August 31, 201 to August 30, 201; and the object delivery date (hereinafter “instant lease agreement”).

On June 4, 2001, the counterclaim Defendant paid E KRW 13,500,000 out of the down payment, and KRW 60,000,000 from the intermediate payment on July 31, 2001, and KRW 20,000,000 from August 30, 2001 as each account transfer or check.

B. On August 23, 2001, the counterclaim Defendant reported the occupancy to the management office of the apartment of this case, and began to reside in the apartment of this case when paying monthly management expenses together with D, N,O and P, who are her husband.

In addition, the counterclaim defendant completed the moving-in report to the apartment of this case on August 30, 201, the delivery date under the instant lease contract, and D made the moving-in report on November 26, 2009.

C. On March 15, 2003, 15,000,000 won and May 10, 2005, respectively were remitted to E under the pretext of increased lease deposit for the instant lease contract.

In addition, on April 10, 2008, the counterclaim Defendant entered into a lease agreement with E on April 10, 2008 with the amount of KRW 40 million increased from the existing KRW 155,000,000 ( KRW 95,000,000) to KRW 15,000,000, and paid KRW 195,000 for the remainder payment of KRW 20,000 on April 10, 2008, and the remainder of KRW 20,000 on May 13, 2008 to E.

On July 30, 2011, E and the instant lease agreement increased to KRW 15,00,000 from the existing KRW 195,00,000 to KRW 15,000,00, the counterclaim Defendant re-established a lease agreement with KRW 210,000, and paid KRW 10,000 to E on December 8, 2011.

E. C Co., Ltd. (hereinafter “C”).