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(영문) 수원지방법원안산지원 2020.01.10 2019가단59021

건물명도(인도)

Text

1. Of the principal lawsuit in this case, the part of the claim for the procedure for cancellation registration of housing lease shall be dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an owner who purchased real estate listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on January 8, 2004.

B. The Defendant: (a) around April 2014, at the F Licensed Real Estate Agent Office in Ansan-si, Seoul-si, the Plaintiff: (b) introduced Dtel J from G Licensed Real Estate Agents and his/her spouse and assistant; (c) on April 20, 2015; (d) obtained lease deposit amount of KRW 20,000, monthly rent of KRW 270,000; and (d) received lease deposit amount of KRW 30,000 from H on March 2, 2017; and (d) received lease deposit of KRW 30,00,000, KRW 10,000 from H; and (e) received lease deposit of KRW 30,00,000 from G and H on March 2, 2017; and (e) received the remainder of the lease deposit of KRW 30,000,000, KRW 300,305,300,305,3005.

3) The Defendant is occupying the instant building from the same date. On May 16, 2017, the Plaintiff entered the monthly rent lease agreement of the Plaintiff, whereas on May 15, 2017, at the office of the said licensed real estate agent, the Plaintiff received a monthly rent of KRW 400,000 from May 15, 2017 to May 15, 2018, the lease deposit amount of KRW 5,000 from May 15, 2017, and monthly rent of KRW 40,000 from the lessor, and signed on the lessor’s column. [In the absence of any dispute over recognition, the Plaintiff entered items in subparagraphs 1, 2, 10, and 2, and 5, and the purport of the entire pleadings and the purport of the entire pleadings.

2. Determination on the main claim

(a) Registration of housing lease in the principal lawsuit.