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(영문) 서울중앙지방법원 2016.10.14 2015가단5391485

임대차보증금

Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 200,000 to the plaintiff.

Reasons

1. Basic facts

A. On July 17, 2013, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that real estate listed in the separate sheet (hereinafter “instant apartment”) from August 8, 2013 to August 7, 2015, the deposit amount of KRW 200 million (hereinafter “instant lease deposit”) shall be determined and leased (hereinafter “instant lease agreement”).

Before entering into the instant lease agreement, the Plaintiff had domicile in the instant apartment, and was granted a fixed date after entering into the instant lease agreement.

B. On October 16, 2014, prior to the expiration of the instant lease agreement, the Defendant concluded a sales contract with C on the instant apartment (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of C on the same day.

C. On June 20, 2015, the Plaintiff sent an expression of intent to return the instant lease deposit to the Defendant and D, the father of the Defendant, along with the expression of intent to refuse the renewal of the instant lease contract, as text messages, but the Defendant and D did not have any particular response.

On June 25, 2015, the Plaintiff sent to Gangseo-gu Seoul, a legal agent, a domicile in C’s registry, a lessor, a lessor’s status, and the Plaintiff did not have any intention to renew the instant lease agreement, and at the same time, returned the document proving that “the Plaintiff would receive the instant apartment from the Plaintiff upon the termination of the instant lease agreement, and at the same time return the instant lease deposit.”

E. On June 30, 2015, the Plaintiff notified the Defendant and D of the content verification that “the Defendant sold the instant apartment to C, but falls under the most recent transfer, and the Defendant is still a lessor of the instant lease agreement, which is still the lessor of the instant lease agreement.” On July 9, 2015 and July 2015.