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(영문) 수원지방법원 2018.08.08 2016가단544142
건물명도
Text

1. The Defendant’s KRW 3,179,510 as well as the Plaintiff’s annual rate from July 8, 2017 to August 8, 2018.

Reasons

1. Facts of recognition;

A. On September 6, 2014, the Plaintiff: (a) leased D Apartment E (the exclusive ownership area of the apartment of this case; hereinafter referred to as the “instant apartment”) (the lease deposit amount of 70 million won; (b) monthly rent of 700,000 won; and (c) the period from October 22, 2014 to October 21, 2016, to the Defendant.

B. Around May 2016, the Plaintiff notified the Defendant that he/she had no intent to extend the above contract, and notified the Defendant that he/she would deliver the instant apartment by the expiration date of the contract period by notifying the same content even around September 1, 2016.

C. Accordingly, the Defendant, on October 7, 2016, requested the Plaintiff to return seven million won out of the above lease deposit, first of all, that the Plaintiff would be a director in the instant apartment by November 15, 2016, and that he would be a director in the instant apartment house.

Accordingly, on October 7, 2016, the Plaintiff returned 7 million won out of the lease deposit to the Defendant.

However, the Defendant was unable to hold a director in the instant apartment by November 15, 2016 because the rental contract for the director house was not concluded, and notified the Plaintiff thereof.

In addition, on October 17, 2016, the office of directors to move to the Plaintiff, entered into a contract on the day when the office of directors will move to the Plaintiff, and the date of directors notified the Plaintiff on December 20, 2016.

From October 17, 2016 to December 20, 2016, the date on which the director was appointed in the apartment of this case, the Defendant sent to the Plaintiff 16 times on December 20, 2016 and the Plaintiff’s request on December 20, 2016 to return the lease deposit amount of KRW 63 million to the director’s foot as a mobile phone textbook. On November 1, 2016, the Defendant sent content-certified mail with the same content.

(A) On December 20, 2016, the Defendant notified the Plaintiff of the fact that the Plaintiff is a director at the present time through three text messagess. In addition, on January 13, 2017 and March 17, 2017, the Defendant notified the Plaintiff of the fact that the Plaintiff had been holding a house on December 20, 2016 in the instant apartment. As such, the Defendant notified the Plaintiff of the demand for the lease deposit.

However, on December 20, 2016, the above director date, the apartment of this case.

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