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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 2, 2006, B entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) on a deposit of KRW 56,640,00 (the deposit was increased to KRW 58,848,00), monthly rent, KRW 394,00, and the scheduled occupancy date (hereinafter “instant lease agreement”) around July 2009. At that time, B paid the said deposit (including the deposit increased thereafter) to the non-party corporation on August 21, 2009 upon delivery of the instant rental housing from the non-party corporation on August 21, 2009.
B. On August 19, 2009, the Plaintiff entered into a monthly rent contract with B on a deposit of 45,00,000 won for the instant rental housing, monthly rent of 400,000 won, and the period of 24 months with B, and on the same day, paid the said deposit to B, and received the said rental housing on the 21st day of the same month. On November 1, 2011, upon renewal of the above monthly rent contract, the Plaintiff paid the deposit of 65,00,000 won, and the monthly rent of 20,000 won, and received a fixed date on January 6, 2014.
C. On September 18, 2012, the non-party corporation confirmed that the non-party corporation has occupied the apartment house located in the YongsanG located in the name of the husband of the defendant and the instant rental house in the name of the non-party corporation. However, on October 5, 2012, the non-party corporation submitted explanatory materials and notified the termination of the said lease agreement if it did not provide explanation.
In addition, on December 24, 2013, Nonparty 2 recognized the Plaintiff as the overlapping occupancy of the instant rental housing, and notified Nonparty 2 of the cancellation of the instant lease agreement by January 31, 2014, as it notified B of the termination of the instant lease agreement.
Meanwhile, B and the defendant.