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Reasons
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(영문) 대구지방법원 2020.02.13 2019나1365
구상금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s mother-friendly C owns a building with a size of 278 square meters and above land (hereinafter “instant building”) in Daegu-gu, Seo-gu, and the Defendant owns a building with a size of 76 square meters adjacent to the said land and a building not registered on the said land (hereinafter “instant building 2”).

B. 1) On September 18, 2003, C entered into a lease agreement with F (hereinafter “instant lease agreement”).

(1) According to the instant lease agreement, the instant lease agreement states that “(1) indication of real estate: (2) KRW 100,000,000 for deposit money: KRW 70,000 for down payment: 70,000 for contract deposit.” The remainder of KRW 30,000,000 for deposit money is paid on October 5, 2003.” 2) F completed the registration of the establishment of a lease on a deposit basis with the instant land and the instant building from September 20, 203 to September 19, 2006; and (2) the period of existence from September 20, 2003 to September 19, 2006 with the person having chonsegwon F.

3) F agreed to pay KRW 1,60,00 per month for the rent of the instant lease. Of the rent of KRW 1,60,000, KRW 1,100,000, KRW 100 has been transferred to the account in the name of C, and KRW 500,000 has been transferred to the account in the name of the Defendant. From the time following the date of entering into the instant lease agreement, F operated a restaurant on the first floor of the instant building and the second floor of the instant building, and resided on the third floor of the instant building. C. On November 1, 2017, 0: (a) on the first floor of the instant building and the first floor of the instant building; (b) on the one hand, the Daegu District Court Decision 2017SY50367, KRW 2017, KRW 00,000, KRW 1,000, KRW 500 has been requested to cancel the registration of chonsegwon and KRW 050,000,3000.

This is established.

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