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Reasons
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(영문) 인천지방법원부천지원 2015.04.15 2014가단51888
건물명도
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 24, 2014:

subsection (b).

Reasons

1. Determination on the cause of the claim

A. 1) On December 16, 1996, the Plaintiff’s real estate listed in the separate sheet (hereinafter “instant housing”)

(2) On May 15, 2013, the Incheon District Court rendered a voluntary decision to commence the auction on the instant housing, upon the application of the Jicheon Saemaul Depository, and on May 16, 2013, the entry registration was made on November 19, 2013.

3) On June 4, 2013, the Plaintiff concluded a lease contract for the instant house to the Defendant (hereinafter “No. 1 lease contract”).

(4) Upon entering into a contract, the Plaintiff received advance payment of the rent of KRW 6 million from the Defendant without a deposit ( KRW 600,000 per month x 10,000), and delivered the instant house to the Defendant. However, upon withdrawal of the application for voluntary auction of the instant house, the Plaintiff entered into a new lease contract with the Defendant by designating “10,000 won as security deposit and monthly rent of KRW 7,00,000.” On July 5, 2013, the instant house was delivered to the Defendant. Since the said application for voluntary auction was withdrawn on August 5, 2014, the registration of the decision on voluntary auction was cancelled on August 4, 2014, on September 4, 2014, the Plaintiff received KRW 10,000,000 from the Defendant as security deposit and KRW 750,000,000,000,000 from the Defendant’s lease contract (hereinafter referred to as “the remainder of security deposit”).

5) The Defendant, as the Plaintiff’s mother, remitted KRW 50,00,000 to D, which is the agent of the second lease contract, on October 7, 2014, and KRW 700,000,000,000 to E on November 5, 2014. On October 28, 2014, the Defendant transferred KRW 80,000 to E, which is the mortgagee of the instant house. (6) On November 12, 2014, the Plaintiff sent to the Defendant proof that the Plaintiff terminated the second lease contract on the ground that the Defendant did not pay KRW 9 million out of the deposit.

Since 7, the defendant shall pay D KRW 700,000,000 to D on December 5, 2014, KRW 1050,000 on February 3, 2015, and KRW 1050,000 on February 3, 2015.

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