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(영문) 의정부지방법원 2020.07.02 2019가단135000
부동산인도
Text

The Defendants deliver to the Plaintiff the buildings indicated in the attached list.

Litigation Costs shall be borne by the Defendants.

Reasons

1. Basic facts

A. A. Around June 2018, the Plaintiff lived with Defendant B and his/her children, from September 2018 to September 2018, with the intention of marriage.

B. On October 17, 2018, the Plaintiff entered into a lease agreement with E to lease the instant building (hereinafter “instant lease agreement”) with each of the terms of setting the lease deposit amount of KRW 390 million and the lease term from November 26, 2018 to November 26, 2020, and around that time, the Plaintiff paid the lease deposit to E and resided together with the Defendants after receiving delivery of the instant building from E.

C. However, during the period of conflict with Defendant B, the Plaintiff was living in the instant building around May 2019, and the de facto marriage relationship between the Plaintiff and the Defendant was reversed, and thereafter, the Defendants reside in the instant building.

On the other hand, on April 30, 2020, the Plaintiff agreed to terminate the instant lease agreement with E.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 1 to 3, 10, and 11 and the purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. According to the above facts, as the instant lease contract between the Plaintiff and E is terminated upon agreement on April 30, 2020, the Plaintiff, a lessee, has the right to return the lease deposit amount of KRW 390 million to E, a lessor, and otherwise, the Defendants, the owner of the instant building, have the duty to deliver the instant building to E, barring any special circumstances. Thus, the Defendants are obliged to deliver the instant building to E by subrogation to compensate for the Plaintiff’s claim for the return of the lease deposit.

B. As to this, the Defendants: (a) lease deposit paid to E under the instant lease agreement is created by both the Plaintiff and Defendant B; and (b) accordingly,

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