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(영문) 서울북부지방법원 2018.04.10 2017나2753
건물명도등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On April 30, 2012, the Plaintiff concluded a sales contract with respect to the buildings indicated in the [Attachment List Nos. 110.7m2 and its ground (hereinafter “instant building”) in Gangnam-gu, Seoul (Seoul) as KRW 270,00,000 for the sales price of KRW 18,000 for the intermediate payment, KRW 160,000 for the intermediate payment, KRW 160,000 for the remainder of KRW 92,00 for the lease deposit, and KRW 150,000 for the remainder of KRW 150,000 for the lease deposit ( KRW 90,000 for the first floor, KRW 60,000 for the second floor, KRW 0,000 for the second floor).

B. On April 30, 2012, the Plaintiff deposited KRW 18,000,000 for down payment, KRW 10,000 for intermediate payment on May 7, 2012, and KRW 10,000 for intermediate payment on May 23, 2012, from the G account in the name of the Plaintiff in the name of the Plaintiff, KRW 92,000,000 for remainder payment, KRW 40,000 for May 23, 2012, and KRW 52,00,000 for H account on May 23, 2012.

A. The payment was made.

On May 23, 2012, the registration of ownership transfer was completed in the name of the Plaintiff on the instant building and its site.

B. (1) From around 2009, the Plaintiff has been in alliance with F, the Defendant’s mother.

On May 23, 2012, the Plaintiff made a move-in report on the instant building, but transferred the building to Jung-Eup on July 8, 2014.

Sheshed the Defendant and F made a move-in report on the second floor of this case around November 6, 2012, and thereafter reside in the second floor of this case from around that time, and they did not pay rent or deposit to the Plaintiff.

C. Meanwhile, on June 26, 2015, the Defendant obtained a fixed date on the second floor of this case. The lease contract (hereinafter “instant lease contract”) submitted for granting the said fixed date is written from the lessor, the Defendant, the lessee, the deposit amount of KRW 120 million, and the term of lease from November 8, 2012 to November 7, 2014.

From 2011 to 2015, the money deposited from the bank account in the name of the Plaintiff from 2011 to 2015 to 2015 to the bank account in the name of F, Defendant, Defendant, and the above F, to the deposit account in the name of J, the Plaintiff and the Plaintiff’s mother.

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