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(영문) 수원지방법원 2019.04.25 2018나76996
건물명도(인도)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Defendant B leased F apartment G units in Suwon-si, Suwon-si (hereinafter “instant real estate”) from the Korea Land and Housing Corporation the lease deposit amount of KRW 83,550,00, monthly rent of KRW 428,740, and the lease term of KRW 428,740 from January 1, 2016 to December 31, 2017.

(hereinafter “Lease of this case”) b.

On August 7, 2016, the Plaintiff entered into a contract with Defendant B’s agent C (Defendant B’s spouse) to take over the status of lessee as to the lease of this case from Defendant B from Defendant B (hereinafter “instant contract”).

C. The Plaintiff’s 5,00,000 won to D on July 23, 2016 under the instant contract, and the same year

8.17. C 5,000,000 won, for the same year

9.10.D 10,000,000 won, and for the same year;

9. On 29. and October 12. D of the same year, each of the KRW 40,000,000 (total of KRW 80,000,000) paid KRW 1,50,000, total of KRW 101,500,000 to C on March 6, 2017.

D is charged with criminal facts of Suwon District Court 2017 senior 606, 2017 senior group 1274, 2017 senior group 3569, 2017 senior group 7930, 2017 senior group 829, 2017 senior group 829 (combined), 2018 senior group 116, 2018 senior group 2277 (Consolidated), 2018 senior group 2077, 2018 senior group 7505 (Consolidated), which were sentenced to imprisonment for three years and six years on February 12, 2019, and the appeal is pending in the appellate court as the Suwon District Court 2019No10488.

The part concerning the real estate of this case among the criminal facts of the above conviction is as follows.

On August 17, 2016, the Defendant (D, hereinafter the same) requested a transfer of the right of lease under the above F apartment G from the victim C at the “J” licensed real estate agent office of the Defendant’s operation in Suwon-si, Suwon-si, for a reason of the victim’s husband’s severance from employment. On September 2016, the Defendant filed an application for a transfer of the right of lease with the LH Corporation, a rental business operator, on the ground that the case falls under the case of “transfer of the residence due to work, occupation, treatment of illness, etc.” under Article 18 of the former Enforcement Decree of the Rental Housing Act.

On the other hand, the defendant around July 2016, the right to lease the F apartment G.

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