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Reasons
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(영문) 의정부지방법원고양지원 2015.05.14 2014가합4064
건물명도
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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a)146,096,439 Sub-Sections;

B. As regards KRW 60,208,280 among them, 203.

Reasons

1. Basic facts

A. On August 25, 2008, C (the husband of the Plaintiff) set the term “lease deposit: KRW 200 million; KRW 14,000,000 per month; and the term of lease: by August 30, 2013, the Defendant leased the building of the first and fourth underground of Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”).

B. The Defendant paid KRW 200 million to C, and operated a massage place in the trade name “F” from the instant building to E and the same business.

C. On October 24, 2010, C died. On April 19, 201, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff, providing that “The lease deposit:20 million won per month, the rent: 17,000,000 won per month, and the lease period: 60 months from the date of delivery” (hereinafter “instant lease agreement”).

On April 14, 201, the Plaintiff and G (Plaintiff and C’s children) completed the registration of ownership transfer on the instant building based on testamentary gift, and sold the instant building to H and I on November 2, 2013.

H and I, after completing the registration of ownership transfer on the instant building on December 3, 2013, received a favorable judgment by filing a lawsuit against the Defendant seeking the delivery of the instant building. Accordingly, the Defendant delivered the instant building to H and I.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 13, Eul evidence Nos. 5, 14, 20, witness J's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the parties’ assertion 1) The Defendant must pay C and the Plaintiff KRW 922,00,00 (attached Table 1), the sum of rent of which from January 2009 to November 2013 (attached Table 1), KRW 84,00,000 (attached Table 2), KRW 442,000,00 (attached Table 3), KRW 102,000 (attached Table 4),00,000) (attached Table 4). However, from January 209 to September 31, 2010, KRW 157,452,450 (attached Table 1,24,5,7,7,8, 12,13,16, 18-2,203-2,37, 25, 365, 37, 365, 284, 265, 278, 364, 257, 2810

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