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Reasons
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(영문) 광주지방법원 2017.05.18 2016가단20164
건물인도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) pay 5,209,677 Won;

2. The plaintiff.

Reasons

1. Facts of recognition;

A. On December 10, 2015, the Plaintiff and the Defendant leased the instant building from the Plaintiff as KRW 15,00,000, KRW 500,000 per month, KRW 500,00 per month from January 1, 2016 to January 1, 2018, and paid KRW 10,000 as down payment to the Plaintiff. On December 31, 2015, the Plaintiff paid KRW 5,00,000 as down payment.

B. On January 15, 2016, Plaintiff D completed the registration of ownership transfer based on the Plaintiff’s donation as of December 9, 2015 with respect to the instant building.

C. On May 3, 2016, the Defendant filed a lawsuit with the Gwangju District Court (2016Da3800) claiming KRW 25,348,00 and damages for delay against the Plaintiff, etc., and the relevant part of the cause of the lawsuit was as follows. The conciliation was concluded on May 3, 2016 as follows.

1) The Defendant, the cause of the claim, leased the instant building from the Plaintiff as above, and the said building was owned by D, not by the Plaintiff, and the Defendant was unable to register the restaurant business. Accordingly, the Defendant requested the Plaintiff to prepare a re-contract or prepare D’s power of attorney, but the Plaintiff refused to do so. Therefore, the Plaintiff shall return the deposit to the Defendant and pay consolation money for mental damage. Therefore, the Plaintiff shall pay KRW 13,50,000 to the Defendant after two days from the date of delivery by the Defendant’s restoration to the original state of approximately 330 square meters out of the instant building and the site thereof. The Plaintiff shall waives the remainder of the Defendant’s claim against the Plaintiff. The costs of the lawsuit and the costs of the lawsuit are each borne by each party.

D. The defendant delivered the key to E, while the defendant left the building of this case before and after the mediation was completed, delivered the key to the building of this case to E who had continued to reside in the building of this case as the former lessee, and thereafter, he occupied the building of this case.

【Ground of recognition】 dispute.

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