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1. The defendant is paid KRW 700,000,000 from the plaintiff and at the same time, the building listed in the attached list is added to the plaintiff.
Reasons
1. Facts without dispute;
A. On August 25, 2009, C completed the registration of ownership preservation on the real estate listed in the separate sheet (hereinafter “instant real estate”) and C dies on October 11, 2009, and C completed the registration of ownership transfer on January 23, 2013 by inheritance. The Plaintiff completed the registration of ownership transfer on April 10, 2013 due to the sales contract on March 7, 2013.
B. The Defendant entered into a lease agreement with E who represented C on March 201 with respect to the instant real estate, and is residing in the instant real estate. The said lease agreement was terminated upon the expiration of the period.
2. The assertion and judgment
A. The Plaintiff asserted that a lease agreement entered into with E is a lease agreement which is the monthly rent of KRW 5,00,000,000 for which no lease deposit exists, and accordingly, the Plaintiff filed a claim against the Defendant for payment of KRW 5,00,000 per month, which is the amount equivalent to the rent from April 3, 2013 when the lease agreement was terminated to the date of delivery of real estate as unjust enrichment. Accordingly, the Defendant entered into a lease agreement with E with E to obtain opposing power as a lessee after concluding the lease agreement with E with the lease agreement of KRW 700,00,000.
Even if the Plaintiff acquired the obligation to return the lease deposit from C, it is asserted that the Plaintiff was obligated to deliver the instant real estate at the same time as the Plaintiff was returned the lease deposit amount of KRW 700,000,000.
B. The following facts can be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to the statements in Gap evidence Nos. 2 and Eul evidence Nos. 1 through 5 (including paper numbers), and contrary thereto, Gap evidence No. 1 ( apartment rent contract) is not admitted as evidence because the authenticity is not recognized.
(1) On March 6, 2009, the Defendant, a Korean national of the United States, is KRW 600,000,000, the lease deposit for the instant real estate between E and E representing C on March 6, 209.