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Reasons
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(영문) 서울북부지방법원 2020.05.21 2018가단116924
건물명도(인도)
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1. The defendant is paid KRW 85,00,000 from the plaintiff and at the same time, among the third floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. C is referred to the Plaintiff and the Defendant, and C completed the registration of initial ownership on September 2, 1989 as to the buildings listed in the separate sheet.

After that, upon the death of C, the registration of ownership transfer was completed on September 28, 2003 by inheritance due to the agreement division made on September 28, 2003 by the plaintiff and the defendant's mother-friendly D on June 28, 2004.

B. On March 2, 2007, the Defendant entered into a lease agreement with regard to the portion (A) of 70.8 square meters in a ship (hereinafter “instant house”) connected with each point of the attached Form 1, 2, 3, 4, and 1 among the three floors of the building indicated in the attached Table D and the attached Table, with the lease deposit amount of KRW 45,000,000, and the lease term from March 25, 2007 to March 24, 2009.

The defendant paid D the sum of KRW 45,00,000 on March 2, 2007, KRW 10,000,000 on March 25, 2007, KRW 10,000 on March 25, 2007, and KRW 45,00,000 on March 26, 2007, and around that time, the defendant came to occupy and use the house of this case upon delivery.

C. After that, on March 2, 2010, the Defendant and D concluded a lease agreement to renew the said lease agreement (hereinafter “instant lease agreement”) by setting the lease term from March 2, 2010 to March 1, 2012.

At the time of the conclusion of the instant lease agreement, the Defendant did not actually pay D the increased amount of KRW 40,000,000 (i.e., KRW 85,000,000 - KRW 45,000,000), but D agreed to return the lease deposit amount of KRW 85,000,000, including the above KRW 40,000 upon the termination of the instant lease agreement.

Since then, Defendant and D have implicitly renewed the instant lease contract.

On November 8, 2016, the Plaintiff completed the registration of ownership transfer based on a gift made on October 26, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 5 and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Buildings;

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