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(영문) 수원지방법원 평택지원 2021.01.22 2019가단7247
건물인도 및 임대료
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Basic facts

A. The plaintiff is the mother of the defendant, and the defendant is the husband of the plaintiff's father C.

B. The Plaintiff owned real estate in the purport of the Plaintiff’s claim (hereinafter “the instant building”) and operated a paid fishing place from around 1994 to E fishing place (hereinafter “the instant fishing place”) with the lease of a reservoir for Pyeongtaek-si D from the Korea Rural Community Corporation, and operated the instant building as an office of the said fishing place and a general restaurant.

(c)

On November 2003, the Plaintiff permitted the possession and use of the instant building by allowing the Defendant and his/her father and wife to operate the instant fishing place, and around that time, under the name of the “E fishing place lease agreement” between the Defendant, the Plaintiff drafted a lease agreement between the Defendant and his/her husband and wife regarding the instant building and the fishing place in the name of the “E fishing place lease agreement” and the deposit money of KRW 20 million for the instant building and the fishing place, KRW 1.5 million for the rent month, and the lease period from November 11, 2003 to 12 months for the lease agreement.

According to Article 2 of the above lease agreement, the plaintiff and the defendant agreed on November 11, 200 that the plaintiff would pay 20 million won to the defendant's husband and wife in lieu of the rent deposit.

(d)

The Plaintiff received KRW 1.5 million each month from the Defendant couple as stated in the above lease agreement. From May 30, 2019, the Plaintiff filed the instant lawsuit on November 8, 2019 when the contact with the Defendant couple was not contacted and the said money was not received.

E. On November 30, 2019, the Plaintiff was handed over the instant building and the instant fishing place by the Defendant Husband and wife while the instant lawsuit was pending.

F. On July 7, 2020, the Plaintiff submitted a written compromise to this court. The Defendant consented to the withdrawal of the suit on July 13, 2020.

[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, significant facts in this Court, Gap 1, 2, Eul 1-5 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant's building of this case as of the closing date of pleadings of this case.

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