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1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff who falls under the revoked part is against Defendant B.
Reasons
1. The Plaintiff subject to adjudication filed a lawsuit of demurrer against the Defendants and the co-defendant C in the first instance trial. On February 11, 2015, the court of first instance rendered a judgment dismissing the entirety of the part concerning Defendant B and the part concerning C and Defendant D.
As to this, Defendant B appealed against the part of the judgment of the court of first instance, and the Plaintiff appealed only against Defendant D in the judgment of the court of first instance. Accordingly, the subject of the judgment of this court is limited to the part against the Defendants in the judgment of the court of first instance.
2. Basic facts
A. 1) Defendant B’s building on April 14, 2008 (hereinafter “instant building”) indicated in the separate sheet, which is a multi-household detached house between G and G on April 14, 2008
) The lease deposit for the third floor is KRW 55,00,000 for the lease deposit, and the lease term is from April 30, 2008 to April 29, 2010 for the lease contract (hereinafter “lease contract”).
(2) On May 13, 2008, Defendant B entered into a lease contract (hereinafter “lease contract of March 28, 2009”) with G for the period from March 28, 2009 to March 27, 201, and completed the move-in report to the instant building, and received the fixed date on July 28, 2008, and thereafter Defendant B resided in the third floor of the instant building, and on March 28, 2009, the lease deposit for the first floor was KRW 35,00,000 and the lease period was from March 28, 2009 to March 27, 201 (hereinafter “lease contract of March 28, 2009”) and resided in the building of this case from G for the period from March 28, 2009 to receive the fixed date.
3. Meanwhile, Defendant B completed the move-in report to the instant building on May 13, 2008, but transferred a resident registration to another place on March 9, 2010, but completed the move-in report to the instant building again on June 14, 2010.
However, the spouse and children of Defendant B made a move-in report to the instant building on May 13, 2008, and until May 3, 2015 are transferred to another place.