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(영문) 대구지방법원 2015.02.05 2014가합8657

건물명도

Text

1. D is paid KRW 220,000,000 from the Plaintiff, and the Defendants are recorded in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 2012, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that the real estate listed in the attached Table (hereinafter “instant apartment”) shall be leased with the lease deposit KRW 220,000,000, and the lease period from May 20, 2012 to May 19, 2014 (hereinafter “instant lease agreement”).

Defendant B subleted Defendant C, one’s wife, to the apartment of this case, with the consent of flexible rain, and had Defendant B reside in the apartment of this case.

Defendant C has been residing in the apartment of this case until now.

B. On November 5, 2012, Yusung entered into a sales contract with the Plaintiff, with the total purchase price of the instant apartment as KRW 325,00,000,000, the intermediate payment of KRW 5,000,000, the intermediate payment of KRW 10,000, the remainder of KRW 90,000,000, and the succession to the instant lease contract, and completed the registration of ownership transfer on December 21, 2012.

C. On May 10, 2013, Defendant B transferred to Nonparty D a claim for the refund of deposit amounting to KRW 220,000,000 regarding the instant apartment (hereinafter “claim for the refund of deposit”). On May 13, 2013, Defendant B notified the Defendant, the debtor, with the fixed date and notified the transfer thereof to the Defendant on May 15, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 4 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff: “The instant lease agreement entered into with Defendant B is merely a formal lease contract allowing the use of the instant apartment until it was sold in lots, and there is no security deposit to be returned to Defendant B. The Plaintiff succeeded to the instant lease agreement, but if Defendant C wishes to deliver the instant apartment due to the expiration of the lease term, KRW 220,000,000.