건물명도 등
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff owns 1/2 shares in the instant real estate.
B. On November 19, 2013, the Defendant became aware of the fact that the instant real estate could be leased by setting the lease deposit of KRW 1 million and KRW 500,000 per month from the real estate broker.
C. The Defendant transferred the Plaintiff’s bank account on November 19, 2013 under the name of lease deposit and rent for November 201, 2013, the sum of KRW 1.5 million on November 2013, and KRW 1.5 million on November 20, 2013, to the Plaintiff’s real estate broker’s guidance, and transferred the instant real estate’s possession.
On November 21, 2013, the Plaintiff and the Defendant attempted to prepare a lease contract from the real estate brokerage office located in Ulsan-gu, Ulsan-gu, in order to prepare a real estate brokerage office. However, on the grounds that the Defendant did not have an identification card, etc., the lease contract was not prepared.
E. After leasing other real estate, the Plaintiff lives at the same place.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. The Defendant, which caused the Plaintiff’s claim, did not pay the rent for possession of the instant real estate, and was fully deducted from KRW 1.5 million to KRW 3 months.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay 2.5 million won (=500,000 won x 5 months) for the five-month period from March 2014 to July 2014, and 50,000 won per month from July 20, 2014 to the delivery date of the said real estate.
B. 1) Determination on the Defendant’s request for delivery of the instant building (A) The fact that the Defendant decided to lease the instant real estate with the instruction of the real estate broker and paid the Plaintiff the lease deposit and the rent in advance is as seen earlier.
On the other hand, the plaintiff and the defendant did not prepare a lease contract on the grounds that the defendant did not hold the resident registration certificate in order to prepare a lease contract, and the plaintiff in this case.