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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 6, 2009, the non-party C (hereinafter referred to as the "non-party C") who is a U.S. national Korean national Korean, entered into a lease agreement with the non-party D on the condition that the non-party C (hereinafter referred to as the "non-party D") occupied the apartment of this case by delivery on March 10, 209, under the law on the entry into force and legal status of overseas Koreans, with respect to the non-party G apartment No. 16 of the 16th G apartment, G apartment No. 16 of the apartment of Yongsan-gu, Seoul (hereinafter referred to as the "the apartment of this case") for the lease term from March 23, 2009 to March 22, 2011. The non-party C (hereinafter referred to as the "the non-party D") signed a lease agreement with the non-party D and reported the apartment of this case to the domestic residence in accordance with the law on the entry into and legal status
B. On December 2, 2010, after D’s death, the Nonparty extended the lease term to April 27, 2013 between Nonparty I and E, the sole property heir of Nonparty I, who was the Plaintiff of D’s child, and decided to increase the lease deposit to KRW 700,00,000 (hereinafter collectively referred to as the “instant lease contract”) and then renewed the lease contract and paid KRW 100,000 increased to E around that time.
C. On April 10, 2013, the Plaintiff completed the registration of ownership transfer on the instant apartment on March 7, 2013.
The Nonparty expressed his intent not to renew the instant lease agreement to the Plaintiff and I one month prior to the termination of the instant lease agreement.
E. Meanwhile, on July 30, 2014, the Defendant transferred the instant apartment to the said apartment on January 25, 2017.
[Ground for Recognition: Facts without dispute; Gap evidence 1, 2, Eul evidence 1-1, 2, 2, 3, 7, 8-1 and 2; fact inquiry results with respect to the Jambling of this Court; purport of the whole pleadings]
2. Summary of the parties' arguments
A. The gist of the cause of the Plaintiff’s claim is that the Defendant occupied and used the instant apartment without authority from July 30, 2014 to December 14, 2016, which was owned by the Plaintiff.