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(영문) 인천지방법원 2016.06.02 2015나61163
위자료
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. As to the cause of claim

A. The defendant alleged that the plaintiff is residing in Chungcheongnamsan, signed to forge a monthly rent contract by proxy for the management of the plaintiff's house, and did not reside in the plaintiff's house as the tenant, and belonged to the plaintiff under the disguised act as the tenant. Therefore, the defendant is obliged to pay 1 million won equivalent to 50% of the deposit money of the monthly rent contract as consolation money.

B. On August 11, 2006, E sold the instant house to G around December 2006, around two years from August 11, 2006, the term of lease of two floors, the deposit of two million won, and the monthly rent of KRW 250,000 from August 11, 2006, E sold the instant house to G.

3) On May 1, 2007, G’s husband and wife paid the Defendant the remaining deposit of KRW 935,000 ( KRW 2 million-annual rent of KRW 1 million-public charges of KRW 65,000), and G was handed over the instant second floor of the instant housing. (iv) around 2011, G sold the instant housing to the Plaintiff by its children.

[Ground of recognition] Class A evidence Nos. 1, 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

C. Since there is no evidence that the monthly rent contract was forged, or that the defendant was the most lessee, the above argument is without merit.

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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