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1. The defendant's delivery case of the building delivery case No. 2014Kadan1088 against the defendant's plaintiff.
Reasons
1. Basic facts
A. On May 13, 2014, the Plaintiff and the Defendant concluded a lease agreement between the mother representing the Defendant and C, setting the lease deposit amount of KRW 5 million with respect to D apartment 101 Dong 1210 (hereinafter “instant apartment”), which is owned by the Defendant, and the lease term of KRW 450,00 (prepaid payment on May 14, 201), and the lease term from May 14, 2014 to May 13, 2015.
B. 1) The Defendant filed a lawsuit against the Plaintiff seeking the delivery of the instant apartment (Seoul District Court Seosan Branching 2014Kadan11088, Seosan Branching the Daejeon District Court). On March 9, 2015, the said court rendered a ruling of recommending settlement that “the Plaintiff shall deliver the instant apartment to the Defendant, and shall pay the money calculated by the ratio of KRW 3150,000 to KRW 3150,00 and KRW 450,000 per month from December 15, 2014 to the delivery date of the said apartment” (hereinafter “the instant ruling of recommending settlement”).
(2) On the other hand, on February 28, 2015, the Defendant concluded a sales contract with E to sell the instant apartment at the time of the remainder payment (e.g., May 29, 2015), and upon the Plaintiff’s wishing to reside in the said apartment, the said decision was settled as of March 26, 2015, according to the settlement recommendation decision as seen above (e.g., the method of paying an additional amount after deducting from the deposit for the unpaid rent) and having the Plaintiff reside in the instant apartment by August 14, 2015.
At the time, the defendant promised to allow the plaintiff to reside in the apartment of this case only until August 14, 2015.
3) The method of calculating the above rent is as follows: - The unpaid rent of KRW 3.15 million (the sum of the rent of KRW 3.3 million from July 15, 2014 and the rent of KRW 3.15 million from July 14, 2015 to July 14, 2015) shall be deducted from the deposit of KRW 5.3 million.