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1. Defendant B received KRW 13,883,252 from the Plaintiff, and at the same time, acquired real estate in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 3, 2008, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 300,000, and the lease term of KRW 300,000 from September 3, 2008 (hereinafter “instant lease agreement”).
Even after the expiration of the term, the instant lease agreement was impliedly renewed under the same conditions.
B. Defendant B had been transferred the instant apartment from the Plaintiff and resided with Defendant C.
C. Defendant B delayed the tea from December 3, 2017.
On December 13, 2018, Defendant C sent on December 15, 2018, to the Plaintiff a text messages stating that the remaining lease deposit would be deposited into Defendant B’s account after deducting the delayed rent, etc. from the instant apartment.
E. On March 22, 2019, the Plaintiff sent to Defendant B a declaration of intent to terminate the instant lease agreement on the grounds that the instant lease agreement is unpaid.
F. The Defendants did not return the key of the instant apartment to the Plaintiff, and left the Plaintiff as a director up to now, and did not have three of them pursuant to the objection.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 through 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the instant lease agreement was lawfully terminated and terminated upon the Plaintiff’s notice of termination on March 22, 2019. (2) As seen earlier, the Defendants did not return the keys of the instant apartment but did not return the keys of the instant apartment, and it is inevitable to view that they occupied the instant apartment inasmuch as three of the keys are left behind following the instant apartment. Therefore, the Defendants are obligated to deliver the instant apartment.
However, the plaintiff's 20,000,000 won against the defendant B.