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(영문) 의정부지방법원 2019.08.30 2019나204020

보증금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) The Plaintiff owned the instant building (hereinafter referred to as the “instant building”) on the ground by leasing a part of the 2,040 square meters and 228 square meters (hereinafter referred to as “each of the instant lands”) from the Defendant in Yangju-si, Yangju-si, the Plaintiff owned a building [the current status of the 52.87 square meters of the roof of the asbestos slate at Yangju-si, Yangju-si, and Yangyang-si, the 52.87 square meters of the roof of the asbestos slate (a 168.62 square meters of the brick structure and the roof of the

(2) On July 25, 2016, the Plaintiff leased part of the instant building to E with a lease deposit of KRW 5 million and KRW 3.5 million per month. Around that time, the Plaintiff received KRW 5 million from E with a lease deposit.

B. (1) In the course of the previous lawsuit, the Defendant sought removal of the building, etc. against the Plaintiff by asserting that “The Defendant leased part of each of the instant land owned by the Defendant to the Plaintiff, and as such, the said lease contract was terminated, the Plaintiff should remove the instant building on each of the instant land on the ground above,” which is the District Court Decision 2016Ga121079.

(2) On this ground, the Plaintiff asserted the right to demand the purchase of the instant building, and accordingly, the market price of the instant building was appraised as KRW 38,283,90 on June 23, 2017, and the Defendant modified the purport of the claim to the effect that “the Plaintiff received KRW 10,000,000 around the Defendant, as well as KRW 38,283,90 in preliminary order,” and at the same time, the Defendant received KRW 38,283,90 from the Defendant on June 23, 2017.”

(3) After that, the instant case was referred to the conciliation procedure, and a voluntary conciliation was established between the Plaintiff and the Defendant on January 30, 2018 (hereinafter “instant conciliation”) with the District Court Decision 2017Ma77542, supra, as follows (hereinafter “instant conciliation”).

1.(a)

The defendant shall pay 3.2 million won to the plaintiff's account by February 5, 2018.