임대차보증금반환
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on December 13, 2012 regarding real estate stated in the separate sheet from the Plaintiff-Counterclaim Defendant.
1. Facts of recognition;
A. On October 13, 2012, the Plaintiff’s husband and the Defendant entered into an exchange contract with respect to the instant house E (hereinafter “instant house”) of Goyang-gu, Seoyang-gu, Seoyang-gu, U.S. (hereinafter “S.”). In the process, on October 19, 2012, the Plaintiff and the Defendant entered into a lease contract with a deposit amount of KRW 200 million for the instant house owned by the Defendant (hereinafter “instant lease contract”), and the Plaintiff paid the Defendant the deposit amount of KRW 200 million.
On December 13, 2012, the Plaintiff registered the establishment of a right to lease on a deposit basis (hereinafter referred to as “registration of the right to lease on a deposit basis”) with the Goyang-gu District District Court No. 164677 in order to secure the lease deposit.
B. On October 19, 2012, the Defendant, with respect to the instant house, filed a registration of the establishment of a mortgage on the basis of the maximum debt amount of 819,00,000,000 with the Hansan Saemaul Savings Bank. On January 7, 2014, the Defendant revoked the registration of the establishment of a mortgage on the said house, and filed a registration of the establishment of a mortgage on the said date with the Hansan Savings Bank with the maximum debt amount of 871,00,000,000.
on March 2015, the Gambling Savings Bank applied for the commencement of voluntary auction on the instant housing to the Jung-gu District Court Goyang Branch, and on October 23, 2015, in the above auction procedure, the instant housing was sold to Belgium Co., Ltd., and the Plaintiff transferred the instant housing around that time.
【Ground for Recognition: Unsatisfy Facts; Gap evidence 1 through 3; Gap evidence 1 and 2; the purport of the whole pleadings】
2. Determination as to the claim on the principal lawsuit
A. The plaintiff asserts that 200 million won of lease deposit and damages for delay shall be paid to the defendant, and the defendant also received a fixed date immediately after the plaintiff prepared a lease contract, in the auction procedure.