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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 24,750,000 as well as to the plaintiff on January 2014.
Reasons
1. Basic facts
A. The defendant is C's children, and on December 1, 2008, the registration of ownership transfer was completed in the name of the defendant with respect to D's above-ground housing (hereinafter "the instant housing") at the Namyang-si city.
B. On February 6, 2013, the Plaintiff entered into a lease agreement with C, setting the lease deposit of KRW 15 million, KRW 3 million, KRW 24 million, and the lease term from February 28, 2013 to February 27, 2015 (hereinafter “instant lease agreement”). On the lease agreement entered into between February 28, 2013 and February 27, 2015, the lessor was indicated as the Defendant, and the Defendant’s seal imprint was affixed after the Defendant’s name.
C. According to the instant lease agreement, even before the expiration of the lease term, the lessor immediately returned the lease deposit to the lessee upon the lessee’s request. Meanwhile, in the event the lessee installs various facilities necessary to reside in the instant house, such as the shocked network or toilet glass door, at his own expense, or pays for all kinds of public charges such as gas or electricity charges in arrears in connection with the instant house, the lessor agreed to return all the expenses when the lessee leaves the instant house.
On February 12, 2013, the Plaintiff paid the down payment of KRW 5 million to C on the date of concluding the instant lease agreement, and transferred the remainder to C on the same day, and paid KRW 3 million to C on the same day.
E. On the other hand, around March 5, 2013, the Plaintiff completed the move-in report on the instant house and started residing therein, and thereafter, the Plaintiff was released from the instant house on January 8, 2014 after being subject to a lawsuit for the surrender of the building from the Escopic Scopic Training Service Escopic Association, the landowner of the instant house.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 13 has a number.