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1. On December 14, 2011, Incheon District Court Decision 2011Gapo19476 decided against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. 1) The real estate listed in the attached Table 1 (hereinafter “instant unregistered building”) (hereinafter “instant unregistered building”).
A) As an unregistered recreational facility or residential building, the Plaintiff’s father C (Death on August 22, 2002) is registered in the ordinary building ledger as the ownership of the Plaintiff’s father C, and the Plaintiff is registered as the land for the instant unregistered building, Kimpo-si, Kimpo-si, 1,480 square meters (hereinafter “instant site”).
(2) Around October 2008, the Plaintiff entered into a lease agreement with the Defendant on the condition that the part of the instant unregistered building is 48.32 square meters and 17.28 square meters (hereinafter “instant housing”) of the unregistered building, with the Plaintiff, KRW 15,000,000, monthly rent, and KRW 200,000 (hereinafter “instant lease agreement”), and leased the instant housing to the Defendant.
B. On December 14, 2011, the Defendant filed a lawsuit claiming the return of the lease deposit against the Plaintiff (hereinafter “instant judgment of the first instance court”) by Busan District Court Decision 201DaDa19476, which ordered the Plaintiff to pay the lease deposit amount of KRW 15,00,000 from the above court and the delayed payment thereof (hereinafter “the instant judgment”).
(2) On November 26, 2015, the appellate court rendered a judgment revoking the portion exceeding “7,100,000 won and the amount calculated at the rate of 5% per annum from November 19, 2015 to November 26, 2015, and 20% per annum from the next day to the date of full payment” among the judgment of the first instance court of this case (hereinafter “the judgment of the appellate court of this case”) and the judgment of the appellate court of this case became final and conclusive on December 19, 2015.
3. Meanwhile, the Plaintiff filed a claim for extradition against the Defendant under the Incheon District Court Branch Decision 2014Gadan39987, and the Plaintiff filed a claim for extradition of the instant house.