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1. On May 8, 2017, the Defendant received on the real estate stated in the separate sheet from Busan District Court.
Reasons
1. Basic facts
A. On April 18, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff on a deposit of KRW 130,000,000 as well as the contract term until May 2, 2019 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
(B) On May 8, 2017, the Plaintiff received deposit of KRW 130,00,000 from the Defendant, and issued a registration of the establishment of chonsegwon up to May 2, 2019 with respect to the instant real estate as the receipt of KRW 17400 on May 8, 2017 by the Busan District Court Branch Branch of the Busan District Court.
(B) In the following, the right to lease on a deposit basis of this case is registered:
After receiving the instant real estate from the Plaintiff, the Defendant: (a) had the Plaintiff reside in the Defendant’s father’s family; and (b) sublet the instant real estate to D; and (c) on April 12, 2019, D transferred the instant real estate to the Plaintiff, a director in the instant real estate, and the Plaintiff.
C. The Plaintiff paid KRW 50 million to the Defendant on May 9, 2019, and KRW 80 million on May 31, 2019, to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Eul evidence 4, the purport of whole pleadings
2. Determination:
A. The plaintiff's assertion 1) terminated the lease contract of this case on the expiration of the term, and the plaintiff paid 130,000,000 won to the defendant, so the defendant should implement the procedure for the registration of cancellation of the lease of this case. 2) The defendant's assertion that the defendant entered into the lease contract of this case in order to allow the defendant's his/her father to reside in his/her family. The defendant's wife's family living in the real estate of this case and suffered losses, such as the defendant's grandchildren's failure of construction of urban gas, due to the incompleteness of the real estate of this case, etc., and the former lessee D, who moved after the defendant's wife's wife moved, suffered losses due to the incompleteness of the real estate of this case.