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(영문) 서울동부지방법원 2014.10.14 2013가단55691
건물명도 등
Text

1. The defendant shall receive KRW 25 million from the plaintiff, and simultaneously deliver the real estate stated in the attached Form to the plaintiff.

Reasons

1. Basic facts

A. On September 27, 2007, the Plaintiff’s agent C prepared a lease contract with the Plaintiff, lessee, lease deposit amount of KRW 2.5 million for the lease deposit, KRW 2.5 million for the lease deposit, KRW 2.5 million for the remainder, KRW 3 million for the monthly rent, and KRW 300,000 for the period from October 21, 2007 to October 21, 2009 (hereinafter “instant lease contract”), and KRW 2.5 million for the lease deposit as the Plaintiff’s agent. Accordingly, C issued a receipt of KRW 2.5 million for the lease deposit to D as the Plaintiff’s agent.

B. Meanwhile, the Defendant, among the lease deposit in this case between the Plaintiff and the Plaintiff, paid a part of the lease deposit through a loan to the ordinary people’s house deposit in the name of the Defendant, received a loan of KRW 17.5 million on October 19, 2007, and the said loan was deposited directly into the account in the name of the Plaintiff on the same day.

C. On October 21, 2007, the remaining payment date of the Plaintiff’s agent C signed a receipt with the remainder of the lease deposit amounting to KRW 22.5 million and issued the above receipt to the Defendant.

Although the instant lease contract was renewed later, on May 20, 2013, the Plaintiff notified the Defendant that the instant lease contract was terminated on October 21, 2013, and thus, the Plaintiff requested the delivery of the instant real estate.

[Grounds for Recognition: Evidence No. 1 to 3, Evidence No. 1 to 1 to 3, each entry of Evidence No. 1 to 3, and purport of whole pleadings]

2. The parties' assertion

A. On September 27, 2007, the date of the contract of this case, D, the Plaintiff’s representative, agreed to pay to the Plaintiff the remainder KRW 5 million, excluding KRW 17,500,000,000,000,000,000,000 for lease deposit and KRW 25,500,000,000,000,000,000,000,000.

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