건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s ancillary C and the Defendant were married from June 2010 to June 2015.
B. On June 1, 2011, the Defendant entered into a lease agreement with the Plaintiff, setting a deposit of KRW 120 million, a lease period of KRW 24 months, and resided in the real estate listed in the attached Form C at that time.
The defendant paid 100 million won out of the deposit to the plaintiff.
C. Even after divorce with C, the Defendant does not return the real estate stated in the attached Form to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 2 and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s Defendant paid KRW 110 million to the Plaintiff out of KRW 120,000,000,000 to the Plaintiff. The Plaintiff paid KRW 30,000,000 to the Defendant’s business funds for the Defendant’s husband and wife, KRW 10,000,000 on April 2, 2012, KRW 10,000,000 on May 2, 2012, and KRW 7,000 on June 7, 2013. The Defendant’s husband and wife continued to live in the real estate indicated in the separate sheet even after the Plaintiff returned the entire deposit, but the lease relationship was converted into a loan for use. However, the Plaintiff’s husband and wife did not have any obligation to deliver the real estate indicated in the separate sheet to the Plaintiff, since the Plaintiff’s husband and wife were divorced from the Defendant, and the Plaintiff’s husband and wife were in the real estate indicated in the separate sheet.
B. The fact that the Defendant paid the deposit to the Plaintiff on June 1, 2011 that the Defendant paid KRW 110 million out of the deposit (the KRW 10 million out of the deposit was remitted to the Plaintiff from C account) does not conflict with each other, and the special terms of the lease contract (Evidence A2) stipulate that “the shortage of KRW 120 million out of the remainder of KRW 120 million shall be paid up to September 201, 201.”
The defendant later pays the remainder of 10 million won to the plaintiff through C.