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(영문) 전주지방법원 2016.02.18 2014나9659

전세보증금 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 6, 9-1, 13-15, and Eul evidence Nos. 1 and 2:

On May 5, 2002, Sejong Construction Co., Ltd. leased deposit money to C on May 5, 2002, 5,556,300 won, and monthly rent to 54,100 won, respectively.

B. On October 8, 2005, C entered into a lease agreement with the Plaintiff, the owner of the instant apartment without the consent to the Sejong Construction Co., Ltd., with the terms that each of the lease deposit amounting to KRW 10,000,00 for the instant apartment and KRW 140,000 for monthly rent (the Plaintiff’s wife E in the lease agreement is the lessee, and each of the Plaintiff’s agent is included in the lessee), and thereafter, the Plaintiff resided in the instant apartment.

C. On November 11, 2005, the Plaintiff received each written notice from C on the return of the borrowed amount with the effect that “one million won is borrowed and repaid until November 30, 2007,” as a security for the return of the leased deposit, and the written waiver of the right to the instant apartment on November 13, 2006, to the effect that the Plaintiff transferred his right to the instant apartment, to the Plaintiff, and to the effect that he waives his right to the instant apartment, and to the effect that he waives his right to the instant apartment.

On July 23, 2012, the Defendant purchased the instant apartment from the Sejong Construction Co., Ltd., and succeeded to the lessor’s status under the said lease agreement concluded with C with respect to the instant apartment.

E. On October 17, 2012, the Defendant filed a lawsuit against the Plaintiff and C seeking delivery of the instant apartment as the Jeonju District Court 2012Kadan33985, and on March 20, 2013, on the condition that the Defendant withdraws the above claim for extradition, the Plaintiff drafted to the Defendant a letter of undertaking with the following content (hereinafter “instant letter”).

- - Written undertaking;