(영문) 창원지방법원 2015.04.03 2014가단74530

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(영문) 창원지방법원 2015.04.03 2014가단74530

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the husband of C, and C died on July 7, 2013.

The defendant is the birth of C.

B. B. On March 24, 2010, C entered into a lease agreement between D and D with respect to the instant apartment (hereinafter “instant apartment”) 40,000,000 won for the lease deposit, the lease period of KRW 80,000 per month, the lease period of KRW 80,000 per month, and the lease period from May 8, 2010 to May 7, 2012, and resided in the instant apartment after paying the said lease deposit. At the time the said lease period expires, C entered into a re-contract with D and paid the increased lease deposit by May 7, 2014.

C. After March 29, 2013, C transferred to the Defendant the right to lease and the right to return the lease deposit with respect to the instant apartment on March 29, 2013. D’s agent F and the Defendant, under the confirmation of C, set up a lease agreement with the lessee to change the lessee to the Defendant in C.

Around October 15, 2013, the Defendant filed a lawsuit against the Plaintiff residing in the instant apartment as the Changwon District Court 2013da26053, and the said court rendered a ruling on December 23, 2013 to recommend reconciliation that “the Plaintiff shall leave the instant apartment by March 31, 2014. In the event of the route, the Defendant shall pay to the Defendant money calculated at the rate of KRW 50,000 per day from April 1, 2013 to the day the removal is completed,” and the said ruling became final and conclusive around that time.

(hereinafter referred to as the “decision of recommending reconciliation of this case”).

The Plaintiff entered into a lease agreement between D and D on March 27, 2014, which stipulates that the lease deposit for the instant apartment is KRW 60,000,000, monthly rent is KRW 150,000, and the lease term is from May 8, 2014 to May 9, 2016, and is continuously residing in the instant apartment.

However, the plaintiff and D did not receive the lease deposit separately according to the above contract, and C paid before.

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