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(영문) 서울북부지방법원 2017.10.24 2017가단100328

건물명도(인도)

Text

1. Defendant B shall deliver to the Plaintiff the 2nd floor of 52.56 square meters among the real estate listed in attached Table 2(2).

2. The plaintiff's defendant.

Reasons

1. Facts of recognition;

A. Defendant B is the Plaintiff, and Defendant C is the former husband of Defendant B.

B. The real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) was owned by the original Plaintiff and Defendant B’s mother, and D donated the real estate to the Plaintiff on July 25, 2014, and completed the registration of ownership transfer in the name of the Plaintiff on August 27, 2014.

C. On February 23, 2005, Defendant B entered into a lease agreement with D on KRW 30,000,000 for the instant real estate (hereinafter “first lease agreement”) and had been residing in the instant real estate since that time. The first lease agreement was explicitly renewed on a two-year basis, and was finally renewed on February 23, 2015.

On the other hand, on August 16, 2012, Defendant C and Es. Seoul Special Metropolitan City Es. (hereinafter “instant construction”) and D concluded a lease agreement on the instant real estate (hereinafter “B lease agreement”) with the lessor, Defendant C and the joint lessee, and the term of lease from August 31, 2014 to August 30, 2016.

The lease deposit shall be KRW 70,000,000; Defendant C shall bear KRW 40,000,000; and D shall be paid KRW 30,000,000 from the instant construction.

E. On August 5, 2016, the instant construction project sent to D a statement of “Guidance on Termination of Contracts and Return of Deposit for Lease on Deposit for Lease on Deposit for Lease,” with respect to the second lease agreement, as follows:

D and the instant construction, and the Defendant C’s long-term housing with a security deposit support type, but it is known that the contract was terminated at the time of expiration of the contract term due to the termination of the contract term with D, and that the deposit for lease directly paid to D from the instant construction was returned to D within the prompt time to the account of the instant construction at the time of termination of the contract.

At present, the renewal of the lease with Defendant C is underway.