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(영문) 서울동부지방법원 2016.10.28 2016나23177

임대차보증금

Text

1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on December 3, 1994 with respect to the real estate listed in the [Attachment List owned by J on February 14, 1995 (hereinafter “Seoul Gangnam-gu K”) (hereinafter “instant real estate”), whose administrative districts and lot numbers were changed from January 3, 2008.

B. The F Co., Ltd. (hereinafter “F”) was a company with the purpose of housing construction and sales business, etc., and the instant real estate was a newly built construction work of an aggregate building with the instant real estate.

The location of F’s head office was “Seoul L” in the vicinity of the instant real estate, and the Plaintiff and H were registered directors of F.

C. On May 18, 1996, the Plaintiff reported the transfer of resident registration at the location of the instant real estate. D.

C left Korea on August 17, 1997 and entered January 27, 201, and thereafter stayed in a foreign country for most of the following periods.

E. As of December 1, 1997, a lease agreement of KRW 65,00,000 (Evidence A2) was made by a lessor C as of December 1, 1997, with the lessee as the Plaintiff.

The broker's column of the above lease contract is stated H.

On December 9, 1997, the Plaintiff obtained a fixed date in the above lease agreement.

F. On November 25, 2002, the Plaintiff completed the registration on December 20, 2002 on the lease deposit amounting to KRW 65,000,000 for the instant real estate, and on the lease order on December 1, 1997 as of the lease date (Seoul District Court 2002Kaga9107) (Seoul District Court 2002Kaga9107).

G. On July 23, 2014, the Defendant completed the registration of ownership transfer on July 21, 2014 regarding the instant real estate.

H. The Plaintiff did not have a prior security right over the lease deposit return claim as of the time when the fixed date was received. The Plaintiff did not file a lawsuit on the merits for not less than 10 years after the lease registration was completed.

Accordingly, the above order of lease registration was revoked on October 22, 2014 (Seoul Central District Court 2014Kada5031), and the plaintiff's appeal was dismissed (Seoul Central District Court 2014Ra1829) and confirmed on June 17, 2015.