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(영문) 인천지방법원부천지원 2015.08.11 2014가단39987
건물명도 등
Text

1. The Defendant shall indicate the attached drawing from July 31, 2012 to the Plaintiff’s KRW 15,000,000, as indicated in the attached list.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 2, Eul evidence 5, and the whole purport of the pleadings as a whole:

Attached Form

Real estate recorded in the list (hereinafter “instant real estate”) is an unregistered amusement facility or a residential building, and is registered as the ownership of the Plaintiff’s father C (Death on August 22, 2002) in the ordinary building ledger.

B. The Plaintiff, around October 2008, connected each point of the instant real estate, is 48.32 square meters and 17.28 square meters (three rooms and living rooms; hereinafter “instant housing”) in the ship connected to the Defendant in sequence of the indication of the attached drawings among the instant real estate.

1) The term “the instant lease agreement” is defined as KRW 15,000,000, monthly rent of KRW 200,000,000 (hereinafter “the instant lease agreement”).

(2) Around that time, the defendant delivered the above house to the defendant. (2) The defendant completed the move-in report on the above house on October 24, 2008 while he was living in the house of this case from the plaintiff.

3) On September 15, 2009, the Plaintiff and the Defendant drafted a lease agreement with the purport that the instant house was leased by setting the lease deposit amount of KRW 15,00,000, monthly rent of KRW 200,000, and September 15, 2010. The Defendant obtained a fixed date on the said lease agreement on November 9, 2010. (C) The Defendant demanded the Plaintiff to return the lease deposit on the ground that the lease contract was terminated at the expiration of the lease term, but the Plaintiff failed to return the lease deposit to the Defendant.

2) Around November 2010, the Defendant transferred the residence from the instant house to another place without refund of the deposit for lease from the Plaintiff.

However, in order to secure the return of the lease deposit, the defendant shall have the resident registration as it is in the house of this case, and the locking system of the above house shall not be cancelled.

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