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(영문) 인천지방법원 2019.02.27 2018가단229167
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 41,580,224 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On March 5, 2008, the Defendant concluded a lease agreement with C (hereinafter “C”) to lease the real estate listed in the separate sheet (hereinafter “the instant officetel”) owned by C with C, and paid KRW 40,00,000,00 to C by setting the lease deposit amount from March 15, 2008 to March 14, 2009. Around that time, the Defendant received delivery of the instant officetel from C.

B. By March 14, 2013, the Defendant continued to reside in the instant officetel with C as a year of lease agreement with C, and continued to reside in the instant officetel. On March 25, 2011, the Defendant paid KRW 3,000,000 of lease deposit additionally to C and obtained a fixed date for KRW 3,000,000 increased on May 25, 201.

On July 17, 2015, the Plaintiff acquired the ownership of the instant officetel on the grounds of public sale.

C. The Plaintiff filed a lawsuit against the Defendant seeking reimbursement of building name map and unjust enrichment, etc. under the Incheon District Court Decision 2015Ga231459 (2015 Ma78151). The Defendant respondeded to the purport that the Plaintiff wishes to receive a refund of lease deposit as soon as possible from March 2015, on the premise that the Plaintiff succeeds to the lessor’s status as a lessee who has opposing power.

Accordingly, on February 16, 2016, the above court rendered a compulsory adjustment decision as follows, which became final and conclusive on March 4, 2016.

(hereinafter “instant compulsory conciliation decision”). 1. The Plaintiff and the Defendant confirm each of the following paragraphs:

On March 5, 2008, the defendant concluded a housing lease contract with C and paid 40,000,000 won to the above travel agency.

B. The Defendant received the instant officetels from C, and filed a move-in report on March 21, 2008, and filed the move-in report.

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