(영문) 서울북부지방법원 2016.10.14 2015가단108335

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(영문) 서울북부지방법원 2016.10.14 2015가단108335

명도 청구

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1. The defendant received KRW 401,948,81 from the plaintiff and thereafter real estate stated in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 7, 2011, the Plaintiff agreed to the Defendant to restore each of the instant real estate to its original state and return it upon the termination of the lease contract (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 500,000,000 per month, KRW 500,000 per month, and KRW 10,000 per month, from February 10, 2011 to February 10, 2013 (hereinafter “the lease”). On the same day, in order to secure the payment of KRW 50,00,00,000 for each of the instant real estate, the Plaintiff completed the registration of establishment of the lease right under receipt No. 1440, Jan. 7, 201; and the registration of establishment of the lease right under Article 1439,50,000 won with respect to the instant real estate (hereinafter “the maximum debt amount”).

B. On February 12, 2013, the Plaintiff and the Defendant extended the instant lease agreement by February 10, 2015, and thereafter, the instant lease agreement was terminated on February 10, 2015.

C. Even after the termination of the instant lease agreement, the Defendant continuously occupied and used each of the instant real estate, and paid to the Plaintiff KRW 5 million a monthly rent from September 2016 until September 24, 2016. On September 24, 2016, the Defendant left the instant real estate and intended to deliver the entrance door keys to the Plaintiff, but the Plaintiff refused to transfer the instant real estate, and transferred the instant real estate to the Defendant on September 27, 2016.

6,369,354 won is deemed to be necessary to restore each of the instant real estate to its original state, and where the lease deposit is five hundred million won from November 30, 2015 after the termination of the instant lease agreement, the monthly rent of each of the instant real estate is KRW 6,76,700.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, and 4 evidence 1, 2, Eul evidence 1-1, 2, Eul evidence 2-1, 2-2, Eul evidence 2-1 to 4, appraiser B, and C's result of each appraisal, the purport of the whole pleadings

2. Determination as to the cause of the claim

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