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(영문) 서울중앙지방법원 2015.12.24 2014가단208765
건물명도등
Text

1. The Defendants simultaneously receive KRW 70,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

. On July 29, 200, the owner of the foregoing housing who purchased the instant housing during the voluntary auction procedure and completed the registration of ownership transfer on August 6, 2014.

The Defendant (Counterclaim Defendant, hereinafter “Defendant”) B was the previous owner of the foregoing housing, and the following was the Defendant D:

The tenant who prepared a lease contract under paragraph (1), and the defendant C is the wife of the defendant B, who occupies and uses the above house together with it.

B. As of January 12, 2009, the lease contract was made in the name of D and Defendant B, a lessor, and the lessee. The main contents are as follows.

(Purpose) Deposit: 70 million won: 7 million won shall be paid and received at the time of the contract. (D) Balance: 63 million won shall be paid in February 15, 2009.

Article 2 (Duration) A lessor shall deliver the above real estate to the lessee by February 15, 2009 in a condition that it can be used for the purpose of the lease, and the term of lease shall be from the date of delivery to February 14, 201.

[Matters of special agreement] * A lessor shall register cancellation of the lessor’s expense before the remainder of the maximum debt amount of the right to collateral security received on June 4, 2008.

* The lessor must cooperate as necessary for a lessee’s loan against security on a deposit basis.

broker E (person)

C. Defendant B made a move-in report on the foregoing house on February 13, 2009, and obtained a fixed date in the above contract on the same day.

After that, there was no notification of the rejection of renewal between the lessor and the lessee around the expiration date of the above period, and there was no notification of the rejection of renewal even around February 15, 2013.

On the other hand, as of February 15, 2009, D respectively prepares a deposit receipt of KRW 70 million (hereinafter “instant receipt”) and a brokerage commission receipt of KRW 280,000,000,00,000, which is indicated as issued by D to Defendant B, and that a licensed real estate agent E issued to Defendant B.

[Ground of recognition] without any dispute, Gap's 1 to 3 evidence, and Eul's 1.

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