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(영문) 서울서부지방법원 2020.02.07 2018가단239441
건물명도(인도)
Text

1. The Defendant paid KRW 2,520,00 to the Plaintiff KRW 5% per annum from November 9, 2019 to February 7, 2020.

Reasons

1. Facts of recognition (limited to matters related to the purport and cause of the final amendment made by the plaintiff);

A. The Plaintiff purchased Eunpyeong-gu Seoul Metropolitan Government Apartment apartment D (hereinafter “instant apartment”) from the former owner E on October 12, 2016 and purchased from the former owner E on the same year.

8. Around September 29, 2016, the term of the lease contract concluded on December 12, 201 (a security deposit of KRW 460,000,000, and a contract period of KRW 24 months from September 29, 2016 to September 28, 2018; hereinafter “instant lease contract”).

B. On July 2018, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease contract, and thereafter, the said contract was extended to 20 and 3 months according to the mutual agreement between both parties.

After that, the plaintiff did not return the deposit, and the defendant filed the lawsuit of this case without delivering the apartment of this case.

C. On September 5, 2019, when the instant lawsuit was pending, the Plaintiff deposited KRW 460,000,000 with the Defendant as the principal deposit.

On October 2, 2019, the defendant sent a text message to the plaintiff on October 2, 2019 that "transfer from the apartment of this case on October 17, 201. On the date of directors' settlement of management expenses and transfer keys.

The defendant moved from the apartment of this case on October 17, 10, but did not appear at the site (the key of the apartment was laid inside) and the plaintiff did not appear at the site.

On November 6, 2019, the Plaintiff was notified by the Defendant’s spouse of the password number of the apartment entrance of this case.

The plaintiff did not pay the long-term repair appropriations to the defendant in the apartment of this case.

[Ground of recognition] No dispute, entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since the Plaintiff, as the cause of the claim, deposited the full amount of the deposit on September 5, 2019, performing the duty to refund the deposit, the Defendant’s possession from that time until the instant apartment is transferred is an unauthorized possession.

The defendant transferred the key to the apartment of this case while moving from the apartment of this case.

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