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(영문) 서울남부지방법원 2014.01.21 2013가합101310

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. Basic facts

A. On January 8, 200, the Plaintiff prepared a lease agreement with the Defendant that leases real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to KRW 77,00,000 as lease deposit, and to KRW 2 years as of January 23, 2000 from January 22, 2002.

The Defendant paid the Plaintiff KRW 37,000,000 as lease deposit, KRW 37,000,000 as of January 7, 2000, KRW 30,000 as of January 22, 200, and KRW 30,000 as of January 24, 200, respectively, and received receipts from the Plaintiff.

B. On January 22, 2002, the Plaintiff drafted a lease agreement with the deceased H (hereinafter “the deceased”) stating that the building of this case is KRW 117,00,000,000 as the lease deposit, and that the term of lease shall be two years from January 22, 2002 to January 21, 2004.

(hereinafter “instant lease agreement”). C.

On February 6, 2004, the Plaintiff increased the lease deposit amount of this case to KRW 137,00,000,000, and drafted a lease agreement between February 6, 2004 to February 5, 2006 by setting the lease term as two years from February 6, 2004.

In addition, on February 6, 2004, the Plaintiff received KRW 117,000,000 from the Deceased and received KRW 20,000 as the remainder of the lease deposit, respectively.

After that, on January 8, 2007, the Plaintiff issued and delivered a receipt that received KRW 30,000,000 as the remainder of the lease deposit to the Deceased on the same day, by increasing the lease deposit of this case to KRW 167,00,000.

On December 1, 2010, the Plaintiff again issued a receipt to receive KRW 197,00,000 (hereinafter “the instant lease deposit”) totaling KRW 197,00,000 as the lease deposit on the same day by increasing KRW 30,00,000.

E. The Deceased died on or around July 26, 2012, and his/her bereaved family members are the intervenors and children, who are the spouse.