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(영문) 수원지방법원 안산지원 2018.07.17 2017가단59751
공동임차권확인등
Text

1. The Plaintiff (Counterclaim Defendant) shall have a right to lease a house between Defendant C and the network regarding the real estate stated in the attached list No. 1.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff completed a marriage report with E, and kept F (198) and G (194) as his child under the supervision of the husband and wife by law.

The plaintiff was divorced from E on October 16, 2004.

B. Around November 201, D opened and started operation of “J” (hereinafter “instant store”) at the I apartment shop located in Ma-si, Ma-si, Ma, and the Plaintiff was working at the instant store from around that time.

C. On January 6, 2015, D entered into a lease agreement with Defendant C on the real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”) with the effect that the lease deposit amount is KRW 200 million, KRW 350,000 per rent, and the period from March 2, 2015 to March 1, 2018.

Upon entering into the above contract with Defendant C, the Deceased paid KRW 20 million out of the lease deposit, and KRW 180 million of the remainder lease deposit around March 2, 2015, and began to reside in the apartment of this case from around that time.

The Plaintiff transferred the instant apartment with F and G on March 5, 2015.

E. Around January 6, 2016, D purchased an automobile listed in the Attachment No. 2 (hereinafter “instant vehicle”), registered its own share with 99%, and the Plaintiff’s share with 1%, and used it to F thereafter.

F. Around June 21, 2017, D was found to have been used in the instant house, and was immediately moved to a hospital, but died.

(g) The Defendant B inherited the deceased as his father, and the deceased did not live in the apartment site of this case at the time of the death of the deceased.

H. The Plaintiff, F, and G have resided in the instant apartment until now, and F have used the instant vehicle until now.

[Ground of recognition] B between the Plaintiff and the Defendant: A without dispute, Gap evidence 1-4, Gap evidence 2-1, and Gap evidence 26-1, respectively, and the purport of the whole pleadings and arguments between the Plaintiff and the Defendant C:

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