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(영문) 서울중앙지방법원 2019.02.14 2018나40593
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is paid KRW 160,000,000 from the plaintiff.

Reasons

1. Facts of recognition;

A. As of March 12, 2012, the Defendant drafted a lease agreement (hereinafter “instant lease agreement”) containing the following contents, in relation to the apartment buildings indicated in the attached list owned by D (hereinafter “instant apartment buildings”) from March 12, 2012 between D and D, and obtained a fixed date as to the said contract on April 20, 2012.

Deposit KRW 160 million shall be paid at the time of the contract and the balance of the receipt KRW 144 million shall be paid at the time of the contract and paid at April 20, 2012.

The term of existence between April 20, 2012 and April 20, 2014 (24 months) shall be fixed by the lessor as small as the contractual term at the bottom of the contract under the present condition of the special agreement.

At the time of the instant lease agreement, there was no registration of establishment registration or provisional seizure on the instant apartment.

On the other hand, at the time of March 2012, the entire price of the same parallel apartment complex as the apartment complex in which the instant apartment complex belongs was the average of KRW 137.5 million, the average of KRW 150 million, the average of KRW 150 million, and the average of KRW 1550 million.

B. On May 26, 2008, the Defendant transferred the details of the move-in report by the Defendant, etc. to NP and the second floor in Seoul Special Metropolitan City on May 4, 2011, but transferred the same to NP and the second floor in Seoul Special Metropolitan City on October 7, 201. On April 20, 201, the Defendant transferred the same to NP and the second floor in the instant apartment.

In addition, Q Q, which is between the defendant and his branch, transferred to the apartment of this case on January 30, 2015.

On the other hand, R, the former lessee of the instant apartment, was transferred to the instant apartment on April 22, 2010, and was transferred on April 20, 2012.

C. The Defendant’s previous lease deposit and other cash flow were returned by means of receiving KRW 10 million out of the lease deposit from NB-O, with the consent of the owner of NB-O, which was leased at the time of March 10, 2012, from NB-O, as the new lessee of NB-O.

G in the Defendant’s U Bank account on 2012.

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