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1. The defendant is simultaneously ordered by the plaintiff to order the real estate stated in the attached list from the plaintiff and 50 million won to the plaintiff.
Reasons
1. Basic facts
A. The Defendant completed the registration of ownership transfer as to two houses (one story 34.05 square meters, two stories 31.85 square meters, 37.05 square meters, and 37.05 square meters, and hereinafter “instant real estate”) in Suwon District Court Sung-nam Branch on October 18, 2002.
B. On April 25, 2005, the Plaintiff entered into a lease contract with the Defendant for the entire first floor (hereinafter “the instant building”) among the instant real estate (hereinafter “instant lease contract”) with respect to the lease deposit of KRW 40 million, from May 26, 2005 to May 25, 2007, and from May 25, 2007, the actual occupant entered into a lease contract with the Defendant for the lease of KRW 30 million (hereinafter “instant lease contract”).
C. On April 25, 2005, the Plaintiff entered into a support housing contract with C on the instant building, and C was located in the instant building on May 26, 2005, along with Masnman D on May 2005.
On July 10, 2007, the Plaintiff entered into a contract for the extension of the instant lease agreement with the Defendant with the content that the lease term of the instant lease agreement was extended to May 25, 2009 and that the lease deposit was increased to 50 million won.
E. Since then, the instant lease agreement was implicitly renewed on a two-year basis, and as the said D died around 201, C expressed to the Plaintiff that he would no longer reside in the instant building.
F. Accordingly, on October 19, 2012, the Plaintiff notified the Defendant of the termination of the instant lease agreement (the evidence No. 3-2 sent on October 19, 2012), and the Defendant received the notice of termination at that time.
G. C removed the instant building on or around January 2013, and on January 3, 2013, the Plaintiff demanded the Defendant to return 50 million won of the deposit to the Defendant by January 25, 2013.
H. On January 25, 2013, the Plaintiff is the key to the pertinent house upon the termination of the instant lease agreement to the Defendant and his father E.