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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,498,740 to the Plaintiff (Counterclaim Defendant) and its related amount from December 17, 2014 to August 18, 2016.
Reasons
1. Basic facts
A. On August 27, 1983, E completed the registration of transfer of ownership with respect to the instant land on the ground of donation on October 29, 1998, the Plaintiff completed the registration of transfer of ownership with respect to the instant land on October 29, 1998, on the land of this case, on which 166 square meters are divided into F among them on March 19, 201; hereinafter the same shall apply).
B. From around 1989, the Defendant resided in a non-permitted house with an unauthorized brick structure on the above land (hereinafter “instant house”) and moved to another place on August 31, 1998. At that time, the Defendant leased the instant land, the instant house, etc. to the Plaintiff, and transferred the possession thereof.
C. On August 26, 2013, the Plaintiff terminated the said lease by agreement with the Defendant, and transferred the possession of the instant land and the instant house to the Defendant.
A, while proceeding in this case, died on May 2, 2016, and his mother inherited A who died solely.
【Ground of recognition】 The fact that there has been no dispute, entry of Nos. 3 and 10, and the purport of the whole pleading
2. Judgment on the principal lawsuit and counterclaim
A. (1) The Plaintiff’s assertion on the Plaintiff’s principal claim on the lease deposit (1) paid KRW 12,00,000 to the Defendant as the lease deposit, KRW 5,000,000 to the amount loaned on May 24, 200, and KRW 3,000,000 to the amount loaned on September 27, 2005. On August 26, 2013, the Plaintiff transferred the possession of the instant land and the instant house to the Defendant, and thus the lease contract between the Plaintiff and the Defendant was terminated, the Defendant asserted that the Plaintiff was liable to refund KRW 20,00,000 to the Plaintiff.
(2) The judgment below held that the Plaintiff paid KRW 12,00,000 to the Defendant as the lease deposit at the time of the lease agreement on the land, etc. of this case, since there is no dispute between the parties, the Defendant is obligated to return KRW 12,00,000 to the Plaintiff.
(b).