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(영문) 수원지방법원 2016.09.01 2015가단43048
건물명도
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 9, 200, Defendant B entered into an agreement with E to pay KRW 20 million equivalent to the interest rate of KRW 10,000 per month on KRW 10,00,00,00,000 of the above deposit, which was deferred until the registration of ownership preservation, to pay KRW 20,000,00,000 of the above deposit, among the loan loan of this case (hereinafter “the building of this case”), which was newly constructed by Defendant B, in Suwon-si, Suwon-si, Suwon-si, and multi-family housing of KRW 1,00,00 (the collective building of this case; hereinafter “instant loan”).

B. The registration of preservation of ownership of the loan of this case was not made until three months, which was scheduled at the time of the above lease, but E and Defendant B paid KRW 200,000 equivalent to the interest of KRW 10,000 per month on the deposit, the payment of which was deferred by Defendant B, as above, after the registration of preservation of ownership of the loan of this case was made.

C. As to the loan of this case other than the building of this case, approval for use was granted on June 19, 2001, and registration of preservation of ownership was made on July 2001, but the building of this case changed to a house that obtained a building permit as a "ware" and thus, registration of preservation of ownership was not made.

Accordingly, on July 23, 2002, Defendant B terminated the above lease contract and demanded the return of the lease deposit paid on the ground that the use of the building of this case becomes a warehouse, and the problem may arise in the return of the lease deposit, but E did not return it.

Around May 5, 2003, Defendant B may again demand the return of the lease deposit on the grounds that the lease deposit is not secured due to the severe leakage of the instant building and the lack of registration of preservation of ownership.

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